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UNIVERSITY OF PITTSBURGH 




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JOURNAL 



oi 



THE ( CONVENTION 



OF THE PEOPLT OF 



NORTE (AUO LI N A. 



THE 20th h \ \ A. I) 



KAi. :l : 

JNO. W. SYxMJ 

181 



• . , 






JOU RNA I- 



OF THIS 



STATE (INVENTION. 






I'.\ virtue of an Act of the General Assembly, ratified on 
the Brs1 day of May, A. D., 1861, tin* following delegates from 
the several counties within this State, met in Convention, in 
the Hall of the House of Commons, in the city of Raleigh, a! 
1 1 o'clock. A. M.., on the 20th day of May, in the year afore 
said, produced their credentials, and entered upon the discharge 
of their duties : 



From the 


County of 


Alamance, 


Thomas Buffin. 


Alexander. 


A. C. Stewart. 


Ashe, 


Joel E. Foster. 


Anson, 


Albert Myers. 


Beaufort. 


W. J. Ellison, E. .1. Warren. 


Bertie, 


Si B. Spruill. 


Bladen, 


Thomas D. McDowell. 


Brunswick. 


Thomas D. Meares. 


Buncombe, 


N. W. Woodtiu. 


Burke, 


J no. C. McDowell. 


Cabarrus, 


Caleb Phifer. 


Caldwell, 


Edmund W. Jones. 


i 'amden, 


Dennis D. Ferebee. 


( larteret. 


Charles B. Thomas. 


Caswell. 


Bedford Brown, John A. Graves 



JOURNAL OF THE 



[May 20, 



Catawba, P. C. Henkel. 

Chatham, 3. H. Headen, J. Manning, Jr.j J;. I. MerrLtt. 

Cherokee, Allen T. Davidson. 

Cleaveland, ' W. J. T. Miller, J. W. Tracy. 

Columbus, Richard Wooten. 

Craven, George Green; John* D. Whitford. 

Cumberland, David McNeill. Warren Wmslow. 

Qurril Henry M. Shaw. 

B. 0. Douthitt, B. A. Kittrcll. 

Davie Robert Sprouse. 

Duplin, Wm. J. Houston, Joseph T. Rhodes. 

Edgecombe, William S. Battle, George Howard, .Jr. 

ForSythe, Rufus L. Patterson, Thomas J. Wilson. 

Franklin, Archibald D. William,-. 

Gaston, Sidney X. John, 

(a, Alfred ■' . Watson. 

srille, T. L. Hargrove, A. W. Venable^ S. S. Royster. 

Greene. William A. Dardcn, Jy. 

Guilf< John A. Gilmer, Robert P. Dick. 

Halifax, Richard II. Smit • Gi tries J. Gee. 

Harnett. Archibalds. McNeil". 

Haywood, William Hit ; 

Henderson, William M. Shipp. 

Hertford, Kenneth Rayner. 

Hyde, Edward L. Mai..i. 

Iredell, Anderson Mitchell. Thomas A. Allison. 

Johnston, Claudius B. Sanders, William A. Smith. 

Jones, William Foy. 

Lenoir. John C. Washington. 

Lincoln, ■ William Lander. 

Mac.n. C D. Smith. 

Madison, Joseph A. McDowell. 

Martin, Asa Biggs. 

McDowell. James II. Greenlee. 

Mecklenburg, William Johnston, James VV. Osborne. 

Montgomery, Samuel II. Christian. 

Moore. Hector ^Turner 



1861.1 



STATE CONVENT* 



Nash, 

New Hanover, 

Northampton, 

Onsl 

< >rang< 

[uotank, 
Perquimans, 
Person, 
Pitt, 

Randolph, - 
Richmond, 
Robeson, 
Llockinghaiu. 
Llowan, 
Rutherford, 
Sampf 
Stanly, 
St "I. 

oil, 
n, 

Yadi 



Archibald Jl. Arrington. 

William S. Ashe, Robcri IJ. ( lowan. 

1 >avid A. Barnes, John M. Moody. 

frdward W. Ward. 

William A. Graham, John Bei i 

Rufus K. Speed. 

Joseph S. Cannon. 

John W. Cunningham. 

Bryan Grimes, F, B. Satterthwa 

William J. Long, Alfred G, Foster. 

Walter F. Leak. 

John P. Fuller. John <'. Sutherland. 

I >avid S. Jjteid, Edward T. Brodiiax. 

Burton Graige, Hamilton < '. Jones. 

Jason 11. Carson, Micajah Durham. 

Thomas Bunting, Roberl A. Moseley. 

Eben Hcarne. 

John Hill. 

T. V. Hamlin. 

Eli Spruifl. 

II. M. Houston. 

E. Badger, K. P. Battle, W. W. EIold< n 
Weldon N. Howards, Francis A. Thornton, 

•in S. Pettigrew. 

J. v in. 

trong, E. A. Thompson. 
Jamc Peter Eller. 

R. R Armfield. 
M P. P 



\ quorum being present, Mr. Leak nominated foi President. 
Hon. Weldon N. Edwards, of Warren. 

Mr. Badger nominated Hon. Wm. A. Graham, of Orange 
Messrs. Woodfin, Speed and Venable were requested to acl 

|»erintendents of the election. 
Tnose who voted for Mr. Edwards frere, 



6 JOURNAL OF THE [May 20, 

Messrs. Arlington, Ashe, Battle of Edgecombe, Biggs, Brod- 
nax, Brown, Bunting, Carson, Cowan, Craige, Cunningham, 
Darden, Durham, Foy, Fuller, Gee, Graves, Green, Greenlee, 
Grimes, Hamlin, Hargrove, Henkel, Hicks, Hill, Houston of 
Duplin. Houston of Union, Howard, Johnston of Gaston, 
Johnston of Mecklenburg, Lander, Leak, McDowell of Bladen, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, Meares, Miller, Moody, Moseley, Myers, Osborne, 
Penland, Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, Shaw, 
Smith of Halifax, Stewart, Strong, Sutherland, Thompson, 
Thornton, Tracy, Venable, Ward, Washington. Whitford, Wil- 
liams, Winslow, Woodfin and Wooten — 65. 

For Mr. Graham. 

Messrs. Allison, Armfield, Badger, Barnes, Battle of Wake, 
Berry, Bond, Calloway, Cannon, Christian, Councill, Davidson, 
Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster 
of Randolph, Gilmer, Hearne, Headen, Holden, Jones of 
Caldwell, Jones of RoAvan, Kittrell, Long, Mann, Manning, 
McNeill of Harnett, Merritt, Mitchell. Patterson, Pettigrew, 
Sanders, Satterthwaite, Shipp, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrel, 
Thomas of CarterSt, Turner, Walton, Warren and Wilson — 48. 

The tellers reported that Hon. Weldon N. Edwards having 
received a majority of the votes given, was duly elected Presi- 
dent ; whereupon he was conducted to the Chair by Messrs. 
Leak and Badger, and returned his thanks to the Convention 
in an eloquent and patriotic address. 

Mr. Badger presented a paper for the consideration of the 
Convention, the reading of which was postponecT for the pur- 
pose of completing the organization of the Convention. 

For Principal Secretary, -Mr. Osborne nominated Waltek 
L. STEELE, of Richmond County. 

Mr. Battle, of Wake, nominated James H. Mooee, of Guil- 
ford County. 

The President appointed Messrs. Thompson and Wftslow to 
superintend the election. 

The who vol rd lor Mr. Steele were. 



1861.] STATE CONVENTION, 1 

Mr. Prcsidenl and Messrs. Allison, Arriugton, Ashe, Barnes, 
Battle of Edgecombe, Biggs, Brodnax, Bond, Brown, Bunting, 
Carson, Christian, Councill, Cowan, Craige, Cunningham, Dar- 
den, Durham, Ferebee, Foster of Randolph, Foy, Fuller, Gee, 
Graves, Green, Greenlee, Grimes, Hamlin, Hargrove, Hearne. 
[leaden, Henkel, Hicks. Hill. Houston of Duplin. Houston of 
Union, Howard, Johnston of Gaston, Johnston of Mecklenburg. 
Jones of Caldwell, Jones of Rowan, Lander, Leak, Long, 
Manning, McDowell ofBlaaen, McDowell of Burke, McDowell of 
Madison, McNeill of Harnett, Meares, Merritt, Miller. Mitchell, 
Moody, Moseley, Myers, Osborne, Patterson, Penjand, Petti- 
grew, Phifer, Rayner, Reid, Rhodes, Roys^jr, Ruffin, Sanders, 
Satterthwaite, Shaw, Shipp, Smith of Halifax. Smith of Macon. 
Smith of Johnston, Speed, Spruill ofBert;e, Spruill of Tyrrel, 
Stewart, Strong, Sutherland, Thomas of Carteret. Thompson, 
Thornton. Tracy, Turner. Venable, Walton, Ward, Warren. 
Washington, VVhitford, Williams. Winslow, Woodfin and 
Wooten — 96. 

For Mi-. Moore 

Messrs. Armfield, Badger, Battle of Wake. Berry, Calloway. 
Cannon, Davidson. Dick, Douthitt, Eller, Ellison, Foster of 
Ashe, Gilmer, Graham. Holden, Kittrell, Mann, Sprouse and 
Wilson— 19. 

Mr. Thompson, from the Committee, reported that Walter 
L. Steele having received a majority of the votes given, was duly 
elected Principal Secretary of the Convention, in which report 
the Convention concurred. 

For Assistanl Secretary, Mr. Barnes nominated Leonidas 
■ '. Kir-A ards, of Granville. 

Mr. Miller nominated Junius A. Fox. of Mecklenburg. 

Mr. Reid nominated Josepb A. Engelhard, of Edgecombe. 

Mr. Venable nominated Samuel A. Williams, of Granville. 

Messrs. Barnes and Miller were appointed a Committee to 
to superintend the election. 

Those who voted for Mr. Edwards were, 

Messrs. Allien, Armfield, Badger, Barnes, Battle of Wake, 
i . Bond. Brodnax. Brown Cannon, Carson, Clm 



•K'MiNAi, 01 T!IK [Ma* 20, 

Cowan, Davidson, Dick, Douthitt, Ellison, Ferebee, Foster of 
Randolph, Foy, Fuller, Gilmer, Graham, (.haves, Greenlee, 
Hcarne. Headen, Holdcn, Jones of Rowan, Kittrell, Leak, 
Long, Mann. .Manning, McNeill of Cumberland, McNeill of 
Harnett, Mitchell. Myers, Pettigrew, Phifer, Rhodes, Rufiin, 
Sanders, Satterthwaite, Shipp, Smith of Macon, Speed, Sprouse, 
SpruiB of Bertie, Spruill of Tyrrell, Sutherland, Thomas of 
Carteret, Watson, Warren, Washington, Whitford and Wil- 
son — f>8. 

For Mr. Engelhard, 

Messrs. Ashe, Battle of Edgecombej Biggs, Bunting. Callo- 
way, Council!, Cunningham, Darden, Eller, Foster of Ashe, 
Grimes, Henkel, Hicks, Houston of Duplin, Howard. Jones of 
Caldwell, McDowell of Bladen, McDowell of Madison, Merritt 
Moseley, Patterson, Penland, Reid, Shaw, Smith of Halifax, 
Strong, Thompson, Turner, Ward, Wmslow, Woodfi* and 
Wooten— 33. 

For Mr. Fox, 

Mr. Presidenl and Messrs. Craigc Durham, Houston of 

Union, Johnston of Gaston, Johnsf >f Mecklenburg ider, 

McDowell of Burke, Miller, Osborne, Rayner and Tra< 

For Mr. Williams, 

Messrs. Arrington, Gee, Hargrove, Hamlin, Mood} 
Smith of Johnston, Stewart. Thornton, ^enable and Wil 
liams — 1 1. 

Mr. Barnes, from the Committee, reported that L. C. Ed- 
wards, having received a majority of the votes given, was dulj 
elected Assistant Secretary, in which reporl the Convention 
concurred. 

Mr. Biggs ottered the following': 

HesoJved, That .lames Page, of Randolph, be appointed 
Principal, ami W'm. I(. Lovell, of Surry, Assistant Doorkeeper 
of this ( lonvention. 

Mr. MeareS moved to amend by adding the name of John ('. 
Moore, of Wake, as second Assistant Doorkeeper, which 
cd to and the resolution as intended, was adopted 



18.61.] STATE CONVENTION. 9 

At the suggestion of Mr. Venable, prayer was offered by 
Rev. J. W. Tucker, of the M. E. Church South. 

The President laid before the Convention the following com- 
munication from Hon. Franklin J. Moses, Commissioner from 
the State of South Carolina : 

Raleigh, N. C, May 20th, 1861. 
To the Honorable, the President and Member* 

of the Convention of the State of North Carolina : 
Gentlemen: I have the honor to inform you that I have 
been appointed by the State of South Carolina, Commissioner 
to lay before your body the Ordinance whereby the said State 
seceded from the Federal Union, known as the United States 
of America, and respectfully to invite your co-operation in the 
formation of a Southern Confederacy. 

With much respect, yours, 

FRANKLIN J. MOSES. 

•THE STATE OF SOUTH CAROLINA. 

At a Convention of the people of the State of South Caro- 
lina, begun and holden at Columbia, on the seventeenth day of 
December, in the year of Our Lord, one thousand eight hun- 
dred and sixty, and thence continued by adjournment to 
Charleston, and there by divers adjournments, to the 20th day 
of December, in the same year : 

••An Ordinance to dissolve the Union between the State 
» of South Carolina and other States united with her 

under the compact entitled " The Constitution of the 

United States of America." 

" We, the people of the State of South Carolina, in Conven- 
tion assembled, do declare and ordain, and it is hereby declared 
and ordained, That the Ordinance adopted by us in Conven- 
tion on the twenty -third day of May, in the year of Our Lord, 
one thousand seven hundred and eighty-eight, whereby the 
Constitution of the United States of America was ratified, and, 
also, all acts and parts of acts of the General Assembly of 
this State, ratifying amendments of said Constitution, are 



Lfl JOURNAL <»F THE [May 20, 

hereby repealed, and that the Union now subsisting between 
South Carolina and other States, under the name of "The 
United States of America," is hereby dissolved. 

Done at Charleston on the 20th day of December, in the 
year of our Lord, one thousand eight hundred and sixty." 
[Signed,] D. F. JAMISON, 

Delegate for Barnwell, and President 

of the Convention) and signed by 
Attest : the members of the Convention. 

[Signed,] 
B. F.Arthur, Clerk of the Convent ion. 

Messrs. Ruffin and Venable were appointed a Committee to 
invite the Commissioner into the Convention. Hon. Mr. Moses 
then appeared, was introduced by the President, and proceeded 
to the discharge of the mission with which ho was intrusted by 
the State of South Carolina. 

Mr. Venable introduced the following resolution, which was 
agreed to : 

Resolved, That the Clergy of the city of Raleigh be invited to 
attend, under such arrangement as they make among them- 
selves, the sessions of this Convention, and open the delibera- 
tions of the same with prayer to Almighty God for his guidance 
and protection. 

The paper heretofore presented by Mr. Badger was then 
read as follows : 

An Ordinance declaring the separation of North Car- 
olina from the United States of America. 

Whereas, Abraham Lincoln, of Illinois, and Hannibal 
Hamlin, of Maine, were chosen President and Vice President 
of the United States Jby a party in fact and avowedly entirely 
sectional in its organization, and hostile in its declared princi- 
ples to the institutions of the Southern States of the Union, 
and thereupon, certain Southern States did separate themselves 
from the Union, and form another and independent government. 
unVier the name of '■ The Confederate States of America:' 
and, whereas, the people of North Carolina, though justly 



1861.] STATE CONVENTION. 11 

aggrieved by the evident tendency of this election, and of 

these principles, did, nevertheless, abstain from adopting any 
*uch measure of separation, and on the contrary, influenced 
by an ardent attachment to the Union and Constitution which 
their fathers had transmitted to them, did remain in the said 
Union, loyally discharging all their duties under the Constitu- 
tion, in the hope that what was threatening in public affairs 
might yield to the united efforts of patriotic men from every 
part of the nation, and by these efforts such guarantees for 
the security of our rights might be obtained as should restore 
confidence, renew alienated ties, and finally re-unite all the 
States in a common bond of fraternal Union ; meantime, cheer- 
fully and faithfully exerting whatever influence they possessed 
for the accomplishment of this most desirable end ; and, whereat, 
things being in this condition, and the people of this State 
indulging this hope, the said Abraham Lincoln, President of 
the United States, did, on the sixteenth day of April, by his 
proclamation, call upon the States of the Union to furnish 
large bodies of troops to enable him, under the false pretense 
of executing the laws, to march an army into the seceded 
States with a view to their subjection under an arbitrary and 
military authority, there being no law of Congress authorizing 
such calling out of troops, and no constitutional right to use 
them, if called out, for the purpose intended by him ; and, 
whereas, this call for troops has been answered throughout the 
northern, northwestern and middle non-slaveholding States with 
enthusiastic readiness, and it is evident from the tone of the 
entire press of those States, and the open avowal of their pub- 
lic men, that it is the fixed purpose of the government and 
people of those States to wage a cruel war against the seceded 
States, to destroy utterly the fairest portion of this continent, 
and reduce its inhabitants to absolute subjection and abject 
slavery; and, whereas, in aid of these detestable plans and 
wicked measures, the said Lincoln, without any shadow of 
rightful authority, and in plain violation of the Constitution 
of the United States, has, by other proclamations, declared the 
ports of North Carolina, as well as all the other Atlantic and 



12 JOURNAL OF THE [May 20, 

Gulf States, under blockade; thus seeking to cut off our trade 
with all parts of the world : 

A?id, tvhereas, since his accession to power, the whole con- 
duct of the said Lincoln has been marked by a succession of 
false, disingenuous and treacherous acts and declarations, prov- 
ing incontestibly that he is, at least in his dealings with South- 
ern States and Southern men, void of faith and honor : 

And, whereas, he is now governing by military rule alone, 
enlarging by new enlistments of men, both the military and 
naval force, without any authority of law, having set aside all 
constitutional and legal restraints, and made all constitutional 
and legal rights dependent upon his mere pleasure, and that of 
hia military subordinates; and, whereas, all his unconstitutional, 
illegal and oppressive acts, all his wicked and diabolical pur- 
poses, and, in his present position of usurper and military 
dictator, he has been and is encouraged and supported by the 
great body of the people of the non-slaveholding States : 

Therefore, this Convention, now here assembled, in the name 
and with the sovereign power of the people of North Carolina, 
doth, for the reasons aforesaid, and others, and in order to pre- 
serve the undoubted rights and liberties of the said people, 
hereby declare all connection of government between this 
State and the United States of America dissolved and abro- 
gated, and this State to be a free, sovereign and independent 
State, owing no subordination, obedience, support or other duty 
to the said United States, their Constitution or authorities, 
anything in her ratification of said Constitution, or of any 
amendment or amendments thereto to the contrary notwith- 
standing; and having full power to levy war, conclude peace, 
contract alliances, and to do all other acts and things which 
independent States may of right do : and appealing to the 
Supreme Governor of the world for the justice of our cause, 
and beseeching Him for his gracious help and blessing, we will, 
to the uttermost of our power, and to the last extremity, main- 
tain, defend ami uphold this declaration.'' 

Mr. Craige offered the following as a substitute for the fore- 
going ; 



1861,] STATE CONVENTION 13 

•Ax Oadinance dissolving the Union between the State 
of North Carolina and the other States united with 
her under the compact of government, entitled, "the 
Constitution of the United States." 

H>, the people of the State of North Carolina in Convt ntion 
asst tabled, do declare and ordain, and it is hereby declared and 
ordained, That the ordinance adopted by the State of North 
Carolina in the Convention of 1789, whereby the Constitution 
of the United States was ratified and adopted; and also all 
acts and parts of acts of the General Assembly, ratifying and 
adopting amendments to the said Constitution, are hereby 
repealed, rescinded and abrogated. 

We do further declare and ordain, That the Union now sub- 
sisting between the State of North Carolina and the other 
States, under the title of "The United States of America." is 
hereby dissolved, and that the State of North Carolina is in 
full possession and exercise of all those rights of sovereignty 
which belong and appertain to a free and independent State. 

Mr. Barnes moved that the Convention sit with closed doors, 
which was not agreed to : Ayes 54, noes 59. 

The question now being on the substitute offered by Air. 
Craige, 

Mr. Ruffin moved that the subject lie on the table with a 
view to the appointment of a committee to prepare and report 
an ordinance of separation, which was not concurred in: Ayes 
44, noes 49. 

The question recurring on the motion of Mr. Craige, 

Mr. Ferebee asked that the question be divided, so that the 
vote should first be taken on striking out. It was so ordered, 
and the question being put, "Will the Convention agree to 
strike out?" it was determined in the affirmative, on a call <>!' 
the yeas and nays, on motion of Mr. Biggs. 

Those voting in the affirmative were. 

Mr. President and Messrs. Arlington, Ashe, Battle, of 
Edgecombe, Biggs. Brodnax, Brown, Bunting, Carson. Cowan. 
Craige, Cunningham, Darden, Durham, Ellison, Foster of 
Ashe. Fuller, Gee. Graves, Green, Greenlee, Grimes, Hamlin. 



14 JOURNAL OF THE [May 20, 

Hargrove, Hearae, Henkel, Hicks, Hill, Houston, <>f Duplin, 
Houston, of Union, Howard, Johnston, of Gaston, Johnston, 
of Mecklenburg, Lander, Leak, McDowell, of Bladen, McDow- 
ell, of Burke, McDowell, of Madison, McNeill, of Cumberland, 
McNeill, of Harnett, Meares, Miller, Moody, Moseley, Myers, 
Osborne, Patterson, Penland, Phifer, Rayner, Reid, Rhodes, 
Royster, Ruffin, Shaw, Shipp, Smith, of Halifax, Stewart, 
Strong, Sutherland, Thompson, Thornton, Tracey, Turner, 
Venable, Ward, Warren, Washington, Williams, Winslow, 
Woodfiu and Wooten — 72. 

In the negative, 

Messrs. Atkinson, Armfield, Badger, Barnes, Battle, of 
Wake, Berry, Bond, Calloway, Cannon, Christian, Councill, 
Davidson, Dick, Douthitt, Eller, Fcrebee, Foster, of Randolph, 
Gilmer, Graham, Headen, Holden, Jones, of Caldwell, Jones, 
of Rowan, Kittrell, Long, Mann, Manning, Merritt, Mitchell, 
Pettigrew, Sanders, Satterthwaite, Smith, of Johnston, Speed, 
Sprouse, Spruill, of Bertie, Spruill, of Tyrrell, Thomas, Wal- 
ton and Wilson — 40. 

So the Convention agreed to strike out. 

William H. Thomas, Delegate from Jackson county, pre- 
sented his credentials and took his seat in the Convention. 

The question recurring upon the insertion of the amend- 
ment of Mr. Craige, 

Mr. Ruffin moved to amend the same so that it should read 
as follows : "We, the people of the State of North Carolina in 
Convention assembled, do declare and ordain, that the Union 
now subsisting between the State of North Carolina and the 
other States, under the title of " The United States of Amer- 
ica," is hereby dissolved, and that the State of North Carolina 
is in full possession and exercise of all those rights of sover- 
eignty which belong and appertain to a free and independent 
State." 

Upon this question the yeas and nays Were ordered, on motion 
of Mr. Ashe, and resulted as follows : 

Yeas — Messrs. Allison, Armfield, Barnes, Battle of Wake, 
Berry, Bond, Blodnax, Calloway, Gannon, Christian, Davidson. 



is.;|.| STATK CONVENTION. . 1,1 

Dick, Douthit, Eller, Ellison, Ferebee, Foster of Randolph, 
Gilmer, Graham, Hearne, Headen, Holden, Jones of Caldwell, 

Jones of Rowan, Kittrell, Long, Mann, Manning, Merritt, 
Mitchell, Patterson, Pettigrew, Sanders, Satterthwaite. Shipp, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruil] of 
Bertie, Spruill of Tyrrell, Thomas of Carteret, Walton, Wash- 
ington, Warren, Whitford and Wilson — 49. 

Nays — Mr. President and Messrs. Arrington, Ashe, Battle of 
Edgecombe, Biggs, Brown, Bunting, Carson, Coimcill, Cowan, 
Craige, Cunningham, Darden, Durham. Foster of Ashe, Foy, 
Fuller, Gee, Graves, Green, Greenlee, Grimes, Hamlin, Har- 
grove, Hicks, Hill, Houston of Duplin, Houston of Union, 
Howard, Johnston of Gaston, Johnston of Mecklenburg, Lan- 
der, Leak, McDowell of Bladen, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, McNeill of Harnett, 
Meares, Miller, Moody, Moseley, Myers, Osborne, Penland, 
Phifer, Rayner, Reid, Rhodes, Royster, Shaw, Smith of Haifa x, 
Stewart, Strong, Sutherland, Thomas of Jackson. Thompson, 
Thornton, Tracy, Turner, Venable, Ward, Williams, Winslow, 
W'oodfm and Wooten — 66. 

So the amendment did not prevail. 

The amendment of Mr. Craige was adopted, and the question 
recurring on the passage of the Ordinance, it was unanimously 
agreed to, as follows : 

Ayes — Mr. President and Messrs. Allison, Armfield, Arring 
ton, Ashe, Barnes, Battle of Edgecombe, Battle of Wake, Berry, 
Biggs, Bond, Brodnax, Brown, Bunting, Calloway, Cannon, 
Carson, Christian, Cowan, Coimcill, Craige, Cunningham, Dar- 
den, Davidson, Dick, Douthitt, Durham, Eller, Ellison, Ferebee. 
Foster of Ashe, Foster of Randolph, Foy, Fuller, Gee, Gilmer, 
Graham, Graves, Green, Greenlee, Grimes, Hamlin. Hargrove, 
Hearne, Headen, Hicks, Holden, Hill, Houston of Duplin, 
Houston of Union, Howard, Johnston of Gaston, Johnston of 
Mecklenburg, Jones of Caldwell, Jones of Rowan, Kittrell, 
Lander, Leak, Long, Mann, Manning, McDowell of Bladen. 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Meares, Merritt, Miller, Mitchell, 



16 STATE CONVENTION. |M.\y 20. 

Moody, Moseley, Myers, Osborne, Patterson, Penland, Petti- 
grew, Phifer, Rayner, Rhodes, Reid, Royster, R-uffin, Sanders. 
Satterthwaite, Shaw, Shipp, Smith of Halifax, Smith of John- 
ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill 
of Tyrrell, Sutherland, Stewart, Strong, Thomas of Carteret, 
Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Ven- 
able, Walton, Ward, Warren, Washington, Whitford, Williams. 
Wilson, Winslow, Woodfin and Wooten — 115. 

Mr. Rayner moved that the Ordinance be enrolled upon parch- 
ment and signed in open session on to-morrow at 12 o'clock, M. 

Mr. Barnes moved to amend by the appointment of a Com- 
mittee of five to prepare the parchment and make arrangements 
as to the time when the signatures of the members should be 
affixed; and that the committee give due notice thereof, so that 
the solemn and important ceremony could be witnessed by the 
people of the State ; and it was agreed to. 

The President appointed on the committee Messrs. Barnes, 
Rayner, Venable, Ruffin and Craige. 

Mr. Howard gave notice that the seat of Mr. Gee of Halifax, 
would be contested by L. W. Batchelor, and he then presented 
some papers relating to the contest. 

Mr. Smith, of Halifax, moved the appointment of a commit- 
tee on election, which was agreed to, and the President an- 
nounced that the following delegates constitute said committee: 
Messrs. Howard, Thornton, Barnes, Battle of ^Wake, ami 
Biggs. 

On motion of Mr. Reid, a committee on Rules was appointed, 
with instructions to report as early as possible : and Messrs. 
Reid, Graham, Meares, Gilmer and Biggs Avcre appointed to 
constitute the same. 

Mr. Whitford introduced the following ordinance, which, on 
his motion, was referred to a, select committee of seven : 

Be it ordained. That the flag of this State shall be a blue 
field with a white V thereon, and a star, incireling which shall 
be the words, "surgit astrum, May 20th, 1775.'" 

Air. Mearea introduced the following : 



1861.] JOURNAL OF THE IT 

An Ordinance to ratify the Constitution of the Pro- 
visional Government of the Confederates States of 
America. 

We, the people of North Carolina in Convention assembled, 
do declare and ordain, and it is hereby declared and ordained, 
That the State of North Carolina, docs hereby assent to and 
ratify the Constitution of the Provisional Government of the 
Confederate States of America, adopted at Montgomery, in the 
State of Alabama, on the eighth day of February, A. D., 
1861, by the Convention of delegates from the States of South 
Carolina, Georgia, Florida, Alabama, Mississippi and Louisiana 
and that North Carolina will enter into the Federal Association 
of States upon the terms therein proposed, when admitted by 
the Congress, or any competent authority of the Confederate 
States. 

Done at Raleigh, on the twentieth day of May, in the year 
of our Lord, one thousand eight hundred and sixty-one. 

Mr. Graham moved that the Convention do now adjourn, 
which was not agreed to : Ayes 39, noes 64. 

Mr. Dick offered the following amendment to the ordinance of 
Mr. Meares : "And this ordinance to be in full force and effect 
when ratified by the legal voters of this State, at an election to 
be held ; the clay and manner of holding said election to be 
fixed and provided for by this Convention." 

On this question the ayes and noes were ordered, on motion of 
Mr. Dick, and resulted as follows : 

Ayes — Messrs. Allison, Armfield, Berry, Bond, Calloway, 
Cannon, Councill, Davidson, Dick, Douthitt, Eller, Ellison, Fere- 
bee, Foster of Randolph, Gilmer, Graham, Headen, Jones of 
Caldwell, Kittrell, Long, Mann, Manning, Merritt, Mitchell, 
Sanders, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Thomas of Carteret, Warren, Woodfin and 
Wilson— 34. 

Noes — Mr. President, and Messrs. Arrington, Ashe, Barnes, 
Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, Carson, 



18 STATE CONVENTION. [May 20, 

Cowan, Craige, Cunningham, Darden^ Durham, Foster of Ashe. 
Foy, Fuller, Gee, Graves, Green, Greenlee, Hamlin, Hargrove, 
Henkel, Hicks, Hill, Houston of Duplin, Houston of Union, 
Howard, Johnston of Gaston, Johnston of Mecklenburg, Lan- 
der, Leak, McDowell of Bladen, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, McNeill of Harnett, 
Meares, Miller, Moody, Moseley, Myers, Osborne, Penland, 
Pettigrew, Rayner, Reid, Rhodes, Royster, Ruffin, Satter- 
thwaite, Shaw, Shipp, Smith of Halifax, Spruill of Tyrrell, 
Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
Thornton, Tracy, Turner, Venable, Walton, Ward, Washington, 
Whitford, Winslow and Wooten — 72. 

So the amendment was not agreed to. 

Th6 question then recurring on the passage of the ordinance, 
as introduced by Mr. Meares, it was agreed to unanimously. 

Mr. Venable offered the following : 

An Ordinance to ratify the Constitution of the Confed- 
erate States of America. 

We, the people of North Carolina in Convention assembled, 
do declare and ordain, and it is hereby declared and ordained, 
That the State of North Carolina does hereby assent to and 
ratify the articles of compact called " The Constitution of the 
Confederate States of America," adopted at Montgomery, in 
the State of Alabama, on the eleventh day of March, A. D., 
1861, by the Convention of Delegates of Alabama, Florida, 
Georgia, Louisiana, Mississippi, South Carolina and Texas, and 
does hereby agree to enter into a Federal association of States 
upon the terms therein proposed. 

Done at Raleigh, on the twentieth day of May, in the year 
of our Lord, one thousand eight hundred and sixty-one. 

A.nd then, at half-past six o'clock, P. M., the ever memorable 
twentieth day of May, the Convention adjourned until to- 
morrow morning at 11 o'clock. 



1861.] .-TATE CONVENTION. 10 

IN CONVENTION, Tuesday, May 21, 1861. 

The Convention met pursuant to adjournment — the President 
in the Chair. 

By request. Rev. Chas. F. Deems, D. D., of M. E. Church, 
South, opened the session with prayer. 

Ralph Gorrell, one of the delegates from Guilford, and Giles 
Mebanc, one of the delegates from Alamance, appeared, pro- 
duced their credentials and took their seats. 

The journal of yesterday was read and approved. 

Mr. Mebanc asked to have it stated on the journal that if he 
had been present on yesterday, on the passage of the ordinance 
of separation, he would have voted in the affirmative ; and it 
was £0 ordered. 

Mr. Reid, from the Committee on Rules, reported the follow- 
ing, being the same as those adopted by the Convention of 
1835, with certain amendments : 

■ -Rules for the Government of the Convention. 

1. [Relates to opening sessions with prayer.] 

"2. "When the President takes the chair, each member shall 
take his seat, and on the appearance of a quorum, the journal 
of the preceding day shall be read. 

8. When any member is about to speak in debate, or deliver 
any matter to the Convention, he shall rise from his seat and 
respectfully address himself to the President, and shall confine 
himself to the question under debate, and avoid personality. And 
when two or more members happen to rise at once, the Presi- 
dent shall name the one who is first to speak. No member 
shall speak oftener than twice on the same question, without 
leave of the Convention. And when any member is speaking, 
he shall not be interrupted by any person, either by speaking 
or by standing, or passing between him and the chair. 

4. If any member, in speaking or otherwise, transgress the 
rules of the Convention, the President shall, or any member may 
call him to order, in which case the member so called to order 
shall immediately sit down, unless permitted to explain, and the 
Convention shall, if appealed to, decide on the case, but without 



20 JOURNAL OF THE [May 21, 

debate. If there be no appeal, the decision of the chair shall 
be submitted to. If the decision be in favor of the member 
called to order, he shall be at liberty to proceed ; if otherwise, 
and the case require it, he shall be liable to the censure of the 
Convention. 

5. If any member be called to order for words spoken, the 
exceptionable words shall immediately be taken down in writing, 
that the President may be better enabled to judge of the matter. 

6. When a question is under debate, no motion shall be 
received to adjourn, to lie on the table, to postpone indefinitely, 
to postpone to a day certain, to commit, or to amend ; which 
several motions shall have precedence in the order they stand 
arranged, and the motion for adjournment shall always be in 
order. 

7. Whenever a question shall be divisible, upon motion, the 
same shall be divided, and the question shall be put upon the 
several parts into which it is divided, according to the order in 
which they arise, unless the decision of the one shall prechide 
the other. 

8. The President shall state the question sitting, but shall 
put the same standing. Questions shall be distinctly put in 
this form : As many as are of opinion that (as the case may 
be) say aye ; and after the affirmative voice is expressed, as 
many as are of a contrary opinion say no. If the President 
doubt as to the voice of a majority, or a division of the ques- 
tion be called for, the President shall call on those in the affir- 
mative of the question to rise from their seats ; and afterwards 
those in the negative. If the President still doubt, or a count 
be required, the President shall name two members, one from 
each side, to tell the number in the affirmative and fiegative ; 
which being reported, he shall state the division to the Con- 
vention, and announce its decision. No member who is without 
the bar of the Convention when any question is put from the 
Chair, shall enter his aye or nay without leave, unless he shall 
have been absent on some committee or business of the Con- 
vention, by leave of the same. 



1861.] STATE CONVENTION. 21 

9. The yeas and nays of the members of the Convention, on 

any question, shall, at the desire of one-fifth of those present, 
be taken and entered on the journal of the Convention. 

10. When any member shall make a motion which is not one 
of course, he shall reduce to writing, if required. 

11. In all eases, whether by ballot or otherwise, the Presi- 
dent shall be entitled to a vote, and when the votes, affirmative 
and negative, upon any question, shall be equal, the question 
shall be lost. 

12. When a question has been once decided, it shall be in 
order for any member in the majority to move for a re-consid- 
eration thereof, on the same or succeeding day. 

13. After a proposition or ordinance has been once rejected 
or postponed indefinitely, another of like provisions shall not 
be introduced during the session of this Convention. 

14. Every proposition to amend the Constitution of the 
State, or ordinance proposed, shall be read three several times 
and passed three several readings; which readings shall be on 
three several days, before it shall become the act or ordinance 
of the Convention. The first reading shall be for information 
only, and the proposition or proposed ordinance shall not then 
be open to amend or debate ; and no question shall be put on 
that reading, but the same shall, after being read, be declared 
by the President to have passed its first reading. Upon the 
second and third readings, the proposition or proposed ordi- 
nance shall be open to amendment or debate. 

15. The President shall designate who shall compose all 
committees, except when otherwise ordered; and the commit- 
tees of this Convention shall consist of five members unless 
the Convention shall otherwise determine. 

16. When the Convention resolves itself into h> Committee 
of the Whole, the President shall leave the chair and appoint a 
chairman, and when, at any time, the President shall wish or 
be disposed to leave the chair, he shall have power to appoint 
a President pro tern. 

17. In case of any disturbance or disorderly conduct in the 
gallery or lobby, the President or chairman of the Committee 



22 JOURNAL OF THE [May 21, 

of the Whole Convention, shall have power to have the same 
cleared. 

18. No person shall come upon the floor where the Conven- 
tion holds its sessions, during the session of the same, except 
ministers of the gospel who have been invited by the Conven- 
tion ; but the galleries are declared open for the accommodation 
of all persons. 

19. Any member dissatisfied with the decision of the Presi- 
dent on any question of order, may appeal to the Convention. 

20. When the Convention adjourns, the members shall keep 
their seats until the President leaves the chair. 

21. Motions for adjournment and to lie on the table shall be 
decided without debate. 

22. All cases which may arise, not embraced within the fore- 
going rules, shall be determined according to the parliamentary 
usages, as laid down by Jefferson in his Manual. 

23. The rules for the government of the Convention shall 
not be amended or altered, without giving at least one days 
notice of such amendment or alteration, except by the consent 
of two-thirds of the members present. 

Mr. Lander moved to amend the 14th rule by striking out of 
the third and fourth lines, the words, " which readings shall be 
on three several days," and it was not agreed to. 

Mr. Ferebee moved the following as an additional rule, 
which was agreed to: 

" It shall be the duty of the President to invite the pastors 
of the several churches in this city, under such arrangements 
as they may make among themselves, to perforin the service 
of prayers at the opening of the daily sessions of the Conven- 
tion." 

The question then recurring on the adoption of the Rules!, as 
amended, they were agreed to, and ordered to be printed. 

Mr. Leak offered the following resolutions, which were unani- 
mously adopted : 

Resolved, That this Convention appreciates the spirit which 
influenced the gallant State of South Carolina in sending a 



L861.] STATE CONVENTION. 28 

Commissioner to this Body, and desires to express its gratula- 
tion and pride in giving a response by its ordinance, which it 
full well knows, will be received with a gratification only equalled 
by the patriotic feeling with which it is expressed. 

Resolved, That this Body takes pleasure in expressing its 
high consideration of the distinguished gentleman, the Hon. 
Franklin J. Moses, honored by his State with this high com- 
mission, and begs leave to express its gratification at the energy 
and ability with which he has executed the trust confided to him. 

Mr. Howard, from the Committee on Elections, made a 
report, accompanied with a resolution declaring L. W. Batche- 
lor entitled to the seat now occupied by Charles J. Gee, as 
delegate from the county of Halifax. 

The President laid before the Convention the following letter 
from the sitting member : 

Raleigh, N. C., 21st May, 18G1. 
Hon. Weldon N. Edwards, 

President of the Convention : 

Sir : Having been tendered a certificate of election as del- 
egate from the county of Halifax, my convictions of duty were 
clear that I ought to appear and take a seat as the represen- 
tative of her people. An investigation having shown that a 
sufficient number of persons, honestly mistaking their rights of 
citizenship and suffrage, voted illegally "for me, to reduce my 
vote below that of another gentleman, who is in attendance 
ready to represent the interest of the people of my county, 
and being unwilling at any time to take advantage of any form 
or ceremony, to thwart the will of the people, I cheerfully 
resign all claim to a seat, as a delegate in this Convention. 

Respectfully, 

CHARLES J. GEE. 

The resolution of the committee was then adopted, and L. 
W. Batchelor, the contestant, took his seat in the Convention. 

Messrs. Badger, Batchelor and Gorrcll severally asked and 
obtained leave to have it recorded on the journal that if thej 



24 JOURNAL OF THE [May 21, 

had been present yesterday they would have voted in favor of 
the ordinance dissolving the Union then subsisting betAveen the 
State of North Carolina and the other States. 

On motion of Mr. Howard, the Convention then proceeded 
to the election of a printer to the, body ; Messrs. Reid and Foy 
superintending. 

Mr. Reid nominated John Spelmari. 

Mr. Foy nominated Syme & Hall. 

Mr. Badger nominated Frank I. Wilson. 

Those who voted for Messrs. Syme k Hall were, 

Mr. President, and Messrs. Ashe, Battle of Edgecombe, 
Biggs, Bond, Brodnax, Brown, Bunting. Carson, Christian, 
Cowan, Cunningham, Eller, Foster of Ashe, Foster of Ran- 
dolph, Foy, Fuller, Grimes, Hargrove, Hearne, Henkel, Hicks, 
Houston of Union, Howard, Johnston of Mecklenburg, Jones 
of Caldwell, Lander, Long, Mann, McDowell of Bladen, Meares, 
Mebane, Mitchell, Mosely, Osborne, Patterson, Pettigrew, 
Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Shipp, Smith of 
Halifax, Smith of Johnston, Stewart, Sutherland, Thornton, 
Turner, Venable, Walton, Ward, Washington, Williams, Wins- 
low and Wooten — 57. 

For John Spelman, 

Messrs. Arrington, Batchelor, Craige, Darden, Durham, 
Green, Greenlee, Hamlin, Hill, Houston of Duplin, Johnston 
of Gaston, Leak, McDowell of Burke, McDoAvell of Madison, 
McNeill of Cumberland, Miller, Moody, Penland, Phifer, Reid, 
Strong, Thompson, Tracey and Woodfin — 25. 

For Frank I. Wilson, 

Messrs. Allison, Armfield, Badger, Battle of Wake, Berry. 
Calloway, Cannon, Councill, Davidson, Dick, Douthit, Ellison, 
Gilmer, Gorrell, Graham, Headen, Hoi den, Kittrell, Manning, 
McNeill of Harnett, Merritt, Myers, Sanders, Smith of Macon, 
Sprouse, Spruill of Bertie, Spruill of Tyrell, Thomas of Car- 
teret, Warren and Wilson — 30. 

Mr. Foy, from the committee, reported that Messrs. Syme 
& Hall, having received a majority of the votes given, were 
duly elected, in which report the Convention concurred. 



1861. j STATE CONVENTION. 

The Convention then resumed the unfinished business of 
yesterday, it being the ordinance introduced by Mr. Venable, 
to ratify the Constitution of the Confederate States of America. 

After some time spent thereon, 

On motion of Mr. Osborne, the whole subject was referred 
to a select committee, with instructions to report the same at 
as early a day as practicable. 

The President announced the following as said committee : 
Messrs. Venable, Ruffin, Badger, Barnes and Osborne. 

Mr. Kittrell introduced an ordinance to repeal the first clause 
of the third section of the amendments to the Constitution, 
which was read the first time and ordered to be printed. 

Mr. Biggs offered the following : 

Inasmuch as the public mind is now greatly disturbed by a 
state of war and a threatened invasion by the enemy, which 
precludes that calm and mature deliberation proper and desira- 
ble in altering or amending the organic law ; and tohereas, the 
attention of the people has not been sufficiently directed to the 
changes that may be proposed, so as to enable this Convention 
now to act understandingly, and a discussion of such proposed 
alterations may excite divisions of opinion at a time when 
harmony of feeling and action is so important : 

Resolved, That this Convention will receive and lay on the 
table, without debate, all propositions that may be made to 
alter or amend the Constitution of the State, but will not con- 
sider them at the present session ; and such propositions shall 
be postponed until the next session of the Convention, to be 
assembled at a time and in a manner to be prescribed. 

The Resolution, under the rule, lies over one day for consid- 
eration. 

Mr. Barnes, from the committee on that subject, reported 
that the ordinance dissolving the Union between the State of 
North Carolina and the other States, had been enrolled upon 
parchment, and recommended that it be signed in the Hall of 
the House of Commons, this evening at 8 o'clock, the Presi- 
dent signing first, and the members afterwards, in alphabetical 
order — and it was concurred in. 
I 



26 JOURNAL OF THE [May 21, 

Mr. Batchelor offered the following : 

Resolved, That a committee of thirteen be appointed to pre- 
pare business for this Convention. 

On motion of Mr. Ferebee, the resolution was ordered to lie 
on the table. 

Mr. Craige offered the following, which was agreed to : 

Resolved, That the President of the Convention cause a cer- 
tified copy of the ordinance adopted by this Convention, on the 
20th day of May, 1861, severing the connection of the State 
of North Carolina with the government of the late United 
States of America ; and likewise a certified copy of the ordi- 
nance adopted on the same day, ratifying the Provisional Con- 
stitution of the Confederate States, to be transmitted to the 
President of the Confederate States of America. 

On motion of Mr. Meares, the Convention took a recess until 
7 o'clock, P. M. 



7 O'clock, P. M. 

The hour of meeting having arrived, the Convention was 
called to order by the President. 

James A. Leak, one of the delegates from Anson, and Rich'd 
Dillard, delegate from Chowan, having been detained at home 
by unavoidable causes, appeared and took their seats in the 
Convention. These delegates severally asked and obtained 
leave to have it stated on the journal that if they had been 
present on yesterday, they would have voted for the ordinance 
of separation. 

On motion of Mr. Venable, the order of the Convention, 
'this morning, was so changed that the counties should appear 
on the parchment in alphabetical order. 

At 8 o'clock, as agreed upon, in open Convention, the mem- 
bers proceeded to affix their names and places of residence, to 
the ordinance of separation ; and one hundred and twenty — 
the whole number provided for by the act of the General Assem 
bly — came, forward and signed the instrument. 



1861.] STATE CONVENTION. 27 

On motion of Mr. Osborne, it way ordered that the Ordinance 
be deposited with the Secretary of State, and kept in a strong 
box to be provided for the same. 

On motion, the Convention adjourned till to-morrow at 11 
o'clock, A. M. 



IN CONVENTION, Wednesday, May 22, 1861. 

The Convention met pursuant to adjournment — the President 
in the chair. 

Prayer by Rev. Thomas E. Skinner, of the Baptist Church. 

The journal of yesterday was read and approved. 

On motion of Mr. Graham, it was ordered that the Constitu- 
tion of the State, together with the act of the "General Assembly 
calling this Convention, be printed. 

On motion of Mr. Biggs, 

Resolved, That whenever the Convention shall order any 
paper or document printed, there shall be one hundred and 
fifty copies, unless when otherwise directed. 

Mr. Headen offered the following : 

Resolved, Thos. Ruffin, George E. Badger, Will. A. Graham 
and John A. Gilmer, be appointed a committee to prepare an 
address, setting forth the causes that have impelled the State 
of North Carolina to a separation from the Government of the 
United States of America, and report the same at an early day 
to this Convention ; which, on motion of Mr. Lander, was 
ordered to lie on the table. 

Mr. Batchelor offered the following : 

Resolved, That after to-day, the Convention meet at 10. 
o'clock, A. M., and adjourn at 2 o'clock, P. M. ; which, on 
motion of Mr. Badger, was ordered to lie on the table. 

Mr. Satterthwaite offered the following, which was agreed to : 

Resolved, That a committee of ten be appointed, whose duty 
it shall be to prepare and submit for the consideration of the 
Convention a statement of the causes which compelled the 
people of North Carolina to separate themselves from the late 
United States of America. 



28 JOURNAL OF THE [May 22, 

Mr. Jones, of Rowan, offered the following : 

Resolved, That Messrs. Ruffin, Badger, Graham, Biggs, 
Howard, Osborne, Barnes, Winslow, Craige, Mitchell, Gilmer, 
Battle of Wake, Strong, KittrelJ, Houston of Duplin, and 
Green, be a committee, instructed to inquire and report to this 
Convention, whether the act passed by the General Assembly 
of the State, entitled " An Act to provide against the sacrifice 
of property and to suspend proceedings in certain cases," be 
in accordance with the Constitution of the State ; and if said 
committee shall find that said act is not in accordance with the 
Constitution, that they be instructed to report an ordinance on 
the subject embraced within said act, which shall meet the 
public exigency", and preserve, as jfar as possible, the interests 
of both creditor and debtor. 

Mr. Graham mgved to amend the resolution so that the com- 
mittee should be appointed by the President. 

Mr. Lander moved that the whole subject lie on the table. 
On this question the ayes and noes were ordered, on motion of 
Mr. Ashe, and resulted as follows : 

Ayes — The President, and Messrs. Armfield, Arrington, 
Ashe, Batchelor, Biggs, Bond, Brodnax, Brown, Bunting, Car- 
son, Craige, Cunningham, Dillard, Durham, Eller, Foster of 
Ashe, Fuller, Hamlin, Hargrove, Henkel, Hill, Lander, Leak 
of Anson, Mann, McDowell of Bladen, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Moody, Moseley, Pettigrew, Reid, Rhodes, Royster, 
Shaw, Smith of Johnston, Spruill of Bertie, Spruill of Tyrrell, 
Stewart, Sutherland, Thompson, Thornton, Tracey, Turner, 
Venable, Williams and Wootcn — 50. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Edge- 
combe, Battle of Wake, Berry, Calloway, Cannon, Christian, 
Councill, Cowan, Darden, Davidson, Dick, Douthitt, Ellison, 
Ferebee, Foster of Randolph, Foy, Gilmer, Gorrell, Graham, 
Green, Greenlee, Grimes, Hearne, Headen, Hicks, Holden, 
Houston of Duplin, Houston of Union, Howard, Johnston of 
Gaston, Johnston of Mecklenburg, Jones of Caldwell, Jones of 
Rowan, Kittrell, Leak of Richmond, Manning, Meares, Me- 



1861.] STATE CONVENTION. 29 

bane, Merritt, Miller, Myers, Osborne, Penland, Phifer, Ray- 
ner, Ruffin, Sanders, Satterthwaite, Sliipp, Smith of Halifax, 
Smith of Macon, Speed, Sprouse, Strong, Thomas of Carteret, 
Walton, Ward, Warren, Washington, Whitford, Wilson and 
Woodfin — G6. 

Mr. Graham then withdrew his amendment, whereupon, 

Mr. Howard moved to amend by striking out the names of 
the committee, and providing that a committee of eleven be 
appointed ; which was agreed to, and the resolution as amended 
was adopted. 

The President announced the following as the Committee on 
the State Flag : Messrs. Whitford, Graham, Ray ner, Smith of 
Halifax, Foy, Winslow and Cunningham. 

Mr. Myers offered a resolution requiring the Secretary of 
State to furnish, and the Printers to print, one hundred and 
fifty copies each of the following Acts and Resolutions, passed 
by the General Assembly, at its extra session : 

An Act to repeal the 5th section of the 96th chapter of the 
Revised Code, entitled "Oaths." 

An Act for Patrol. 

An Act to provide for the public defense. 

An Act to define and punish treason against this State, and 
other offences against the sovereignty of this State. 

An Act concerning Taxes. 

An Act to provide against the sacrifice of property and to 
suspend civil process in certain cases. 

An Act to provide the ways and means for public defense. 

A Resolution concerning Post O'fices and Pop* Roads. 

An Act to provide for the time when Volunteers shall be 
paid for their services. 

An Act to authorize the County Courts and corporate towns 
and cities to lay taxes for public purposes. 

Mr. Houston, of Duplin, moved the following as a substi- 
tute : 

Resolved, That the Secretary of State be authorized and 
required to provide for the immediate publication of the Acts 
and Resolutions of the recent special session of the General 
Assembly. 



30 JOURNAL OF THE [Mat 22, 

The substitute was not agreed to ; and the resolution was 
then adopted. 

Mr. Sanders introduced "An ordinance to amend the Con- 
stitution of North Carolina, so as to strike out the 3rd section 
of the 4th Article of the amendments to the Constitution, rat- 
ified by the people on the 2nd Monday of November, 1835, 
and insert in lieu thereof, a section providing for equal and 
uniform taxation," which was ordered to lie on the table and 
be printed. 

The ordinance introduced on yesterday by Mr. Kittrell, to 
repeal the 3rd section of the 4th Article of the Constitution of 
1835, was then read the second time. 

Mr. Holden moved to amend the same as follows : Strike out 
the words, "from and after the first day of January next," 
and insert the following : " and that slaves shall be taxed 
according to their value, but no higher in proportion to value, 
than land." 

Mr. Ruffin moved to refer the subject to a committee of 
eleven. 

Mr. Ashe moved that the whole subject lie upon the table ; 
on this question the ayes and noes were ordered, on motion of 
Mr. Ashe, and resulted as follows : 

Ayes — The President, and Messrs. Arlington, Ashe, Batch- 
elor, Biggs, Brown, Bunting, Carson, Councill, Cowan, Craige, 
Cunningham, Darden, Dillard, Durham, Foy, Fuller, Green, 
Grimes, Hargrove, Henkel, Hill, Howard, McDowell of Bladen, 
McNeill of Cumberland, McNeill of Harnett, Moody, Mosely, 
Rayner, Reid, Rhodes, Royster, Shaw, Smith of Halifax, 
Strong, Sutherland, Thornton, Tracy, Venable, Walton, Ward, 
Williams and Wooten — 43. 

Noes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
Edgecombe, Battle of Wake, Berry, Bond, Brodnax, Calloway, 
Cannon, Christian, Davidson, Dick, Douthitt, Eller, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Greenlee, Hamlin, Headen, Hearne, Hicks, Holden, 
Houston of Duplin, Houston of Union, Johnston of Gaston, 
Johnston of Mecklenburg, Jones of Caldwell, Jones of Rowan, 



1861.] STATE CONVENTION. 31 

Long, Mann, Manning, McDowell of Burke, McDowell of Madi- 
son, Meares, Mebane, Merritt, Miller, Mitchell, Osborne, Pat- 
terson, Penland, Pettigrew, Phifer, Ruffin, Sanders, Satter- 
thwaite, Shipp, Smith of Johnston, Smith of Macon, Speed. 
Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, Thomas 
of Carteret, Turner. Warren, Washington. Whitford. Wilson 
and Woodfin — 73. 

So the motion did not prevail. 

On motion of Mr. Meares, the Convention adjourned until 
to-morrow at 11 o'clock. 



IN CONVENTION, Thursday, May 23, 1861. 

The hour having arrived, the President took the chair and 
called the Convention to order. 

Prayer by the Rev. Dr. R. S. Mason, of the Protestant Epis- 
copal Church. 

The journal of yesterday was read and approved. 

Mr. V enable, from the committee to whom was referred the 
ordinance to ratify the Constitution of the Confederate States, 
reported the same back, Avith the following substitute, as an 
amendment thereto, and recommend its passage. 

An Ordinance to ratify the Constitution of the Con- 
federates States of America. 

Whereas, On the eleventh day of March, A. D., 1861, at 
Montgomery, in the State of Alabama, a Constitution was 
adopted by a Congress of delegates from the States of Ala- 
bama, Florida, Georgia, Louisiana, Mississippi, South Carolina 
and Texas, united under the name of the Confederate States 
of America, which Constitution has been ratified by each of 
those States: 

Now, therefore, this Convention, having seen and considered 
said Constitution, doth, in behalf of the people of the State of 
North Carolina, adopt and ratify the said Constitution and 
form of government. « . 



82 JOURNAL OF THE [Mat 23, 

Mr. Dick moved to amend the amendment as follows : 

Be it further ordained, That this ordinance shall be in full 
force and effect when ratified by the legal voters of this State, 
at an election to be held on a day and in a manner to be pro- 
vided by this Convention. 

On motion of Mr. Graham, these several propositions were 
ordered to lie on the table, be printed, and made the order of 
the day for to-morrow, 12 o'clock. 

Mr. Rayner offered the following, which was agreed to : 

Resolved, That His Excellency, the Governor, be requested 
to communicate to this Convention, the nature of tlie duties 
and functions being performed, and to be performed, by the 
Board appointed under an act of the late General Assembly, 
entitled "An act to create a Military Board ;" what are the 
ranks and emoluments of said official positions ; whether any 
memoer of said Board is holding and exercising the duties of 
more than one official position, and receiving additional pay 
for the same ; and if so, what those official positions are, their 
rank and emoluments ; and whether there are any other per- 
sons holding and exercising more than one official position, 
with additional rank, and entitled to additional emolument on 
account of the same ; and if so, what these offices, and who 
are holding them. 

Mr. Battle, of Wake, offered the following, which was ordered 
to lie on the table, and be printed : , 

Be it resolved hy the Convention of the State of North Caro- 
lina, That the Constitution of the State ought to be amended 
so that slaves may be taxed, according to their value, as much 
as land, but not more. 

That all free white males over the age of twenty-one years, 
and under the age of forty-five yearsj may be subject to a cap- 
itation tax. 

That all free male persons of color, may be subject to a 
capitation tax, not to exceed that imposed on a white man. 

That the debt of the State, actual and contingent, shall not 
exceed the sum of millions of dollars, unless in case of 

war, insurrection or invasion, the public necessities may -re- 
quire it. 



1861.] STATE CONVENTION. 33 

John A. Graves, one of the Delegates from the county of 
Caswell, being Captain of a military company about to be 
ordered for service to Virginia, tendered his resignation as a 
member of the Convention. 

On motion of Mr. Brown, the President was directed to issue 
his writ of election to the Sheriff of Caswell county, to fill the 
vacancy thus created, on the third day of June. 

Mr. Ruflin offered the following resolution : 

Resolved, That a committee of eleven be appointed by the 
President, and that all propositions now pending, or that may 
be offered, to amend the Constitution of the State, touching 
the subject of taxation, revenues, and the borrowing of money, 
or otherwise contracting debt by the State, shall stand referred 
to the same, unless otherwise specially ordered. 

Mr. Badger moved the following amendment, which was 
accepted by Mr. Ruffin : 

"And said committee shall be, and are hereby instructed to 
report upon each and all sueh subjects, with all convenient 
dispatch." 

The resolution, as amended, was then agreed to. 

Mr. Howard offered the following : 

That a committee of five be appointed on military affairs, 
to inquire into the present military organization of the State, 
with full power to examine persons and papers, and report 
whatever measures they may deem necessary to perfect the 
system and increase its efficiency; which, on his motion, was 
was ordered to lie on the table, and' be considered by the Con- 
vention with closed doors, at half-past twelve o'clock. 

Mr. Smith, of Johnston, offered the following, which was 
agreed to : 

Resolved, That His Excellency, the Governor, be requested 
to communicate to this Convention, at as early a day as practi- 
cable, the number of volunteers who have offered their ser- 
vices; the number accepted, and from what counties; the num- 
ber of State troops ; the commissions issued, and to whom ; the 
officers appointed by him, and the rank and pay of each ; the 
number of men ordered to service in Virginia from this State ; 



34 JOURNAL OF THE [May 23, 

the number in actual service in this State ; the number in 
camps of instruction ; an estimate of the expenses incident to 
carrying on the necessary military operations for one year ; 
the quantity of arms and munitions of war ; the provisions and 
clothing purchased, and at what prices ; what naval force, if 
any, has been established in this State ; and all other infor- 
mation possessed by him in relation to the military and naval 
condition of this State, and under what laws and provisions of 
the Constitution the forces aforesaid have been called out and 
their officers appointed. Ordered to be printed. 

Mr. Johnston, of Mecklenburg, introduced " An Ordinance 
to amend the second Section of the fourth Article of the 
amendments to the Constitution," which was ordered to lie on 
the table and be printed. 

Mr. Rayner introduced a resolution declaring that the second 
Section of the fourth Article of the amendments to the Consti- 
tution, ought to be amended in certain particulars, and propos- 
ing a committee of five to prepare and report an ordinance 
conformably thereto, which was ordered to lie on the table and 
be printed. 

Mr. Biggs offered the following : 

Resolved, That until otherwise ordered, the daily sittings of 
this Convention shall commence at 10 o'clock, A. M. 

Mr. Badger moved to strike out the word, "ten," and insert 
the word, "eleven," which was not agreed to. 

The question recurring on the resolution, it was agreed to by 
the Convention. 

The hour of half past twelve having arrived, the President 
directed the lobbies and galleries to be cleared, and the Con- 
vention proceeded to sit with closed doors. 

After so remaining for some time, the doors were opened, 
and on motion, the Convention adjourned. 



1861.] STATE CONVENTION. 35 

IN CONVENTION, Friday, May 24, 1861. 

The hour of 10 o'clock having arrived, being the hour agreed 
upon, on yesterday, the President took the chair and called the 
Convention to order. 

Prayer by Rev. Jos. M. Atkinson, of the Presbyterian Church. 

The journal of yesterday was read and approved. 

The President announced the following committees : 

On the Address setting forth the cause which led to the separa- 
tion of this State from the 'United States: Messrs. Craige, 
Ruffin, Graham, Shaw, Ashe, Gorrell, Reid; Badger, Speed and 
Thompson. 

On Military Affairs : Messrs. Howard, Woodfin, Venable, 
Osborne, Kittrell, Brown, Bunting, Foster of Randolph and 
Jones of Caldwell. 

On Constitutional Amendments touching Taxation and Rev- 
enue : Messrs. Ruffin, Smith of Halifax, McDowell of Bladen, 
Pettigrew, Thomas of Jackson, Johnston of Mecklenburg, 
Badger, Biggs, Lander, Mitchell and McDowell of Madison. 

On motion of Mr. Reid, the Secretary was authorized to 
appoint an Engrossing Clerk. [He afterwards appointed Jos. 
Holderby, of Rockingham County.] 

Mr. Houston, of Duplin, offered the following, which was 
agreed to : 

Resolved, That in view of the blockade of our ports by 
Abraham Lincoln, a committee be appointed, consisting of five 
members, to inquire into and report upon the expediency and 
legality of an embargo upon the shippers and ship owners of 
this State. 

Whereupon the President announced that the following dele- 
gates compose said committee, viz : Messrs. Houston of Duplin, 
Gilmer, Leak of Richmond, Thomas of Carteret and Warren. 

Mr. Batchelor offered the following, which Avas agreed to : 

Resolved, That the committee on Constitutional Amendments 
be required to inquire into the expediency of restricting the Legis- 
lature in the imposition of taxes upon slaves, to males between 
the ages of ten and sixty, and femajes between the ages of ten 
and fifty. 



36 JOURNAL OF THR [May 24, 

Mr. Craige laid before the Convention the act of the Congress 
of the Confederate States, admitting the State of North Caro- 
lina into the Confederation on certain conditions ; which, on 
motion of Mr. Dick, was ordered to be printed. 

Mr. Ruffin introduced an ordinance to amend the Constitu- 
tion, so as to define treason against the State of North Carolina, 
which passed its first reading, and was ordered to lie on the table. 

Mr. Osborne introduced the following, which passed its first 
reading : 

Resolved, That the Constitution of the State be so amended 
as to create the office of Lieutenant Governor. 

Mr. Myers offered the following: 

"Whereas, It is possible and probable that our present postal 
arrangements may be, at an early day, seriously deranged, as 
they are now upon our southern borders ; 

Be it therefore resolved, That this Convention does hereby 
pledge the faith of the State to make good to all mail contrac- 
tors the balance due them, after a faithful performance of their 
respective contracts, to take date after the 20th May, 1861. 

Mr. Armfield moved the following amendment: "which said 
guarantee shall continue until such time as the government of 
the Confederate States shall take charge of the postal system 
of this State." 

On motion, the resolution and amendment were ordered to lie 
on the tahle. 

Mr. Ruffin moved the following, which Avas agreed to: 

Resolved, That a committee on Finance be raised, for the 
purpose of ascertaining the resources of the Treasury, making 
proper estimates of the sums that will be needed for the period 
of a year, and proposing the further ways and means for raising 
the same, if any be needed. 

The President announced the following committee on the 
resolution of Mr. Jones, of Rowan, in regard to the constitution- 
ality of the act of the late session of the General Assembly, 
commonly known as "The Stay Law:" Messrs. Jones of Rowan, 
Graham, Arrington, Green, Battle of Edgecombe, Johnston of 
Gaston, Carson, Miller, Strong, Iloldcn and Spruill of Bertie. 



1861.] STATE CONVENTION. 37 

The hour having arrived for the consideration of the special 
order, it being the ordinance to ratify the Constitution of the 
Confederate States, with the proposed amendments thereto, on 
motion, the same was postponed until Monday next, at 12 o'clock. 

Mr. Barnes offered the following, which was agreed to: 

Resolved, That the President of this Convention be requested 
to direct the special messenger, sent by him to Montgomery, to 
procure and bring to this Convention, on his return, a duly cer* 
tified copy of the permanent Constitution of the Confederate 
States of America. 

On motion of Mr. Graham, it was ordered that the Constitu- 
tion of the Confederate States be printed for the use of the 
Convention. 

Mr. Battle, of Wake, offered the following, which was agreed to : 

Resolved, That the Public Treasurer prepare, for the use of 
the Convention, a detailed statement of the public debt, actual 
and contingent, together with an estimate of all debts which the 
State may hereafter incur under existing acts of the General 
Assembly. Also, the kinds of debts, whether bonds or other- 
wise, and when and where payable ; also the means of the State, 
ascertained or estimated, annually accruing to meet said debts. 

Mr. Craige moved that the Convention adjourn until Monday 
morning at 10 o'clock. On this question the ayes and noes 
were ordered, on motion of Mr. Christian, and resulted as fol- 
lows : 

Ayes — The President, and Messrs. Badger, Battle of Edge- 
combe, Bunting, Cannon, Craige, Cunningham, Foy, Fuller, 
Graham, Houston of Duplin, Howard, Johnston of Mecklen- 
burg, McDowell of Bladen, Meares, Moody, Myers, Osborne, 
Patterson, Ruffin, Shaw, Shipp, Thomas of Carteret, Washing- 
ton, Whitford, Williams and Woodfin— 28. 

Noes — Messrs. Allison, Arrington, Barnes, Batchelor, Battle 
of Wake, Berry, Biggs, Bond, Brodnax, Brown, Calloway, 
Cannon, Carson, Christian, Councill, Darden, Davidson, Dick, 
Dillard, Durham, Eller, Ellison, Ferebee, Foster of Ashe, Fos- 
ter of Randolph, Gorrell, Green, Greenlee, Grimes, Hamlin, 
Hargrove, Headen, Hearne, Ilenkel, Hicks, Hill, Holden, Hous- 



38 JOURNAL OF THE [May 25, 

ton of Union, Johnston of Gaston, Jones of Caldwell, Jones of 
Rowan, Kittrell, Leak of Anson, Leak of Richmond, Long, 
Mann, Manning, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, Meares, Merritt, Miller, Mitchell, 
Moseley, Penland, Pettigrew, Phifer, Rayner, Reid, Royster, 
Sanders, Satterthwaite, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Sprouoe, Spruill of Bertie, Spruill of 
Terrell. Stewart, Strong, Sutherland, Thomas of Jackson, 
Thompson, Thornton, Tracey, Turner, Venable, Walton, Ward, 
Wilson and Wooten — 86. 

So the motion did not prevail. 

Mr. Toy introduced "An Ordinance to amend the third sec- 
tion of the fourth article of the amendments to the Constitu- 
tion," which passed the first reading, was referred to the appro- 
priate committee, and ordered to be printed. 

The resolution heretofore introduced by Mr. Howard, relating 
to Military Affairs, was taken up and amended so as to increase 
the number of the committee to nine — require its report to be 
made to the Convention when sitting with closed doors, and to set 
forth the reasons on which the conclusions of the report shall be 
founded ; and, as thus amended, the resolution was then agreed to. 

On motion, the lobbies and galleries were then cleared, and 
the Convention proceeded to sit with closed doors ; and after so 
remaining for some time, the doors were opened, and the Con- 
vention adjourned. 



IN CONVENTION, Saturday, May 25, 1861. 

The hour having arrived, the President called the Convention 
to order. 

The journal of yesterday was read and approved. 

Mr. Reid announced the death of Hon. John Hill, one of the 
Delegates to this Convention, and introduced, in relation thereto, 
the following resolutions, which were unanimously adopted : 

Resolved, That this Convention has heard, with emotions of 
deep regret, of the sudden death of Hon. John Hill, late a 
member of this Convention from the county of Stokes. 



1861.] STATE CONVENTION. 39 

Resolved, As a mark of respect for the memory of the de- 
ceased, we will wear the usual badge of mourning during the 
remainder of the present session. 

Resolved, That the President be requested to transmit a copy 
of these resolutions to the widow of our deceased brother, 
assuring her of our high appreciation of the excellent qualities 
of her late husband, and our sympathy with her on the occasion 
of his death. 

Resolved, That as a further testimony of respect, this Con- 
vention will now adjourn. 

Accordingly, the Convention adjourned until Monday morn- 
ing at 10 o'clock. 



IN CONVENTION, Monday, May 27, 1861. 

The Convention met at the usual hour — the President in the , 
chair. 

The journal of Saturday was read and approved. 

Mr. Ward offered the following, which was agreed to : 

Whereas, The present Military Board is understood to be 
organized without the aid or co-operation of experienced medi- 
cal advisers, and the selection and appointment of competent 
and experienced men as surgeons and assistant surgeons of the 
several regiments of North Carolina volunteers and State troops 
being highly necessary and important ; therefore, 

Resolved, That the committee on Military Affairs be instructed 
to inquire and report some practicable mode of examination for 
appointments for the office of surgeon and assistant surgeon of 
the military regiments of the State, and report the same to this 
Convention by resolution or otherwise. 

Mr. Speed offered the following : 

Whereas, The Convention has been invested with supreme 
power to meet an extraordinary and dangerous emergency, and 
to exert its best energy to secure the safety and promote the 
welfare of the commonwealth, unbiased by any influence that 
might arise from the proposed political advancement of any of 
its members ; therefore, 



40 -JOURNAL OF THE [May 27, 

Resolved, That this Convention will not confer any appoint- 
ment of political trust or profit on any of its members. 

Mr. Kittrell moved to add the following as an amendment 
thereto : " Or members of the General Assembly, or of the 
last Congress of the United States." 

Mr. Barnes moved that the resolution and amendment lie on 
the table. On this motion, Mr. Speed called for the ayes and 
noes, which being ordered, resulted as follows : 

Ayes — The President, and Messrs. Allison, Arrington, Ashe, 
Barnes, Battle of Edgecombe, Battle of Wake, Berry, Biggs, 
Brown, Calloway, Councill, Cowan, Dick, Eller, Foster of Ashe, 
Graham, Greenlee, Hamlin, Hargrove, Headen, Hicks, Houston 
of Duplin, Howard, Johnston of Gaston, Johnston of Mecklen- 
burg, Jones of Caldwell, Jones of Rowan, Kittrell, Long, Mc- 
Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, Meares, Merritt, Myers, Osborne, Pat- 
terson, Penland, Phifer, Reid, Rhodes, Royster, Smith of Hali- 
fax, Sprouse, Stewart, Strong, Sutherland, Thomas of Jackson, 
Thompson, Thornton, Tracy, Turner, Venable, Ward, Wilson, 
Woodfin and Wooten — 60. 

Noes — Messrs. Armfield, Batchelor, Bunting, Brodnax, Can- 
non, Carson, Christian, Cunningham, Davidson, Dillard, Durham, 
Ellison, Ferebce, Gorrcll, Grimes, Ilcarnc, Henkel, Hoklen, 
Houston of Union, Leak of Richmond, Mann, Manning, Miller, 
Mitchell, Mosely, Pcttigrew, Rayncr, Sanders, Smith of John- 
ston, Smith of Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, 
Thomas of Carteret, Walton and Warren — 36. 

So the motion prevailed. 

On motion of Mr. Wilson, the President was directed to issue 
his writ of election to the Sheriff of Stokes county, to open a 
poll on the 6th day of June, for a Delegate to represent said 
county, in place of lion. John Hill, deceased. 

Mr. Biggs offered the following, which was agreed to : 

Resolved, That the Committee on Finance be instructed to 
inquire into the expediency of reporting an ordinance to appoint 
an auditor for all the military departments of the State. 



1861.] STATE CONVENTION. , 41 

Mr. Arrington offered the following, which was ordered to 
lie on the table : 

Resolved, That a Secretary of War shall be appointed, whose 
duty it shall be to take charge of the military affairs of the 
State. 

Mr. Strange presented the resignation of Robert II. Cowan, 
one of the Delegates from New Hanover county, to take effect 
from and after Saturday next, said resignation being tendered 
on account of a conflict of duties, produced by his position as 
Lieutenant Colonel of the third regiment of State troops. 

On motion of Mr. Ashe, the President was authorized to 
issue a writ of election to the Sheriff of New Hanover county 
to hold an election to fill the vacancy, on the 1st day of June. 

Mr. Graham offered the following, which was agreed : 

Resolved, That the Secretary of State be directed to procure 
and furnish to this Convention a copy of the census statistics 
of North Carolina, as taken under the government of the United 
States, in the year 1860. 

The hour having arrived for the consideration of the order 
of the day, it being the " Ordinance to ratify the Constitution 
of the Confederate States of America," Mr. Smith, of Halifax, 
moved to postpone the same, and make it the special order for 
to-morrow at 12 o'clock. 

On this question the ayes and noes were ordered, on motion 
of Mr. Badger, and resulted as follows : 

Ayes — The President, and Messrs. Allison, Armfield, Ar- 
rington, Badger, Barnes, Battle of Edgecombe, Battle of Wake, 
Berry, Biggs, Bond, Brodnax, Brown, Cannon, Christian, 
Councill, Davidson, Dick, Dillard, Douthitt, Eller, Ferebee, 
Foster of Randolph, Gilmer, Gorrell, Graham, Hamlin, Headen, 
Hearne, Holden, Houston of Union, Howard, Johnston of 
Mecklenburg, Jones of Caldwell, Jones of Rowan, Kittrell, 
Long, Mann, Manning, Merritt, Mitchell, Myers, Pettigrew, 
Reid, Sanders, Shipp, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Tyrrell, Strong, 
Thomas of Carteret, Thomas of Jackson, Turner, Warren and 
Wilson — 57. 

6 



42 JOURNAL OF THE [May 28, 

Noes — Messrs. Ashe, Batchelor, Bunting, Calloway, Carson, 
Cowan, Craige, Cunningham, Durham, Ellison, Foster of Ashe, 
Greenlee, Hargrove, Henkel, Hicks, Houston of Duplin, John- 
ston of Mecklenburg, Leak of Richmond, McDowell of Bladen, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Miller, Moseley, Osborne, Pat- 
terson, Penland, Phifer, Rayner, Rhodes, R,oyster, Sutherland, 
Spruill of Bertie, Stewart, Thompson, Thornton, Tracey, Ven- 
able, Ward, Woodfin and Wooten — 42. 

So the motion to postpone prevailed. 

On motion, the lobbies and galleries were then cleared, and 
the Convention proceeded to sit with closed doors. 

After some time spent in secret session, the doors were 
opened, and on motion of Mr. Rayner, a communication from 
His Excellency, the Governor, the resolution formerly intro- 
duced by Mr. Rayner, to which the letter was a response, and 
the act of the General Assembly creating a Military Board, 
were ordered to be printed. 

On motion of Mr. Howard, it was ordered that, until other- 
wise directed, the morning sessions of the Convention shall 
commence at 11 o'clock. 

And then, on motion, the Convention adjourned. 



IN CONVENTION, Tuesday, May 28, 1801. 

In pursuance of the order of yesterday, the Convention 
assembled at 11 o'clock — the President in the chair. 

Prayer by Rev. Joel W. Tucker, of the M. E. Church, South. 

The journal of yesterday was read and approved. 

Mr. Ashe moved to reconsider the vote of yesterday, by 
which the daily sessions of the Convention were fixed at 11 
o'clock. The motion was ordered to lie on the table for con- 
sideration to-morrow. 

Mr. Battle, of Wake, offered the following resolution, which 
Was ordered to lie on the table and be printed : 



1861.] STATE CONVENTION. 43 

Resolved, That in the opinion of this Convention, the Con- 
stitution of the State ought to be so amended as to require the 
Governor to set forth in writing, fully, the grounds of ;ill 
reprieves, pardons and remissions, to be entered on the register 
of his official acts, and laid before the General Assembly at 
their next session. 

Mr. Battle, of Edgecombe, offered the following, which was 
referred to the Committee on Finance and ordered to be printed : 

Revolved, That in the opinion of this Convention the Consti- 
tution of the State ought to be so amended that all laws or 
resolutions, having the force of laws, whereby appropriations of 
money shall be made, either for internal improvement .or for 
any other purpose, or whereby the debt of the State, actual or 
contingent, may be increased, shall be passed by separate and 
distinct enactments for each and every appropriation so made, 
or liability so incurred; and that no appropriation, and no 
increase of the State debt, actual or contingent, shall be made, 
except by a majority of the whole number of members elected 
to each branch of the General Assembly. 

Mr. Thomas, of Jackson, offered the following, which was 
agreed to : 

Resolved, That a committee*of seven be appointed to inquire 
and report, whether any, and if any, what amendments are 
proper to be made to the 33rd article of the Constitution of the 
State, with regard to the appointment and jurisdiction of Jus- 
tices of the Peace ; and, if deemed necessary, that they be 
instructed to report the amendments proper to be ma4e. 

Mr. Thomas, of Carteret, offered the following, which was 
agreed to : 

Resolved, That the committee on Military Affairs be in- 
structed to inquire and report, what is the state of preparation 
for the defense of Beaufort Harbor, if any ; what additional 
preparation is needed ; whethei 4 other and further preparation 
than that already made, is intended to be made, and if so, how 
and when. Also, whether some of the arms of the State ought 
not to be distributed among some of the companies of militia 
at or near the seaboard, contiguous to Fort Macon. 



44 JOURNAL OF THE [May 28, 

Mr. Smith, of Halifax, introduced an ordinance to authorize 
the Governor to raise seven regiments of volunteers from the 
counties lying on and east of the Wilmington and Weldon, and 
the Seaboard and Roanoke Railroads, for the exclusive defense 
of the seaboard counties of the State ; which passed its first 
reading. 

Mr. Manning offered the following, which was agreed to : 

Resolved, That a committee be appointed to take into con- 
sideration the propriety of connecting the Coalfields and Iron 
Mines, on Deep River, with the railroad system of the State. 

Mr. Batchelor offered the following, which was ordered to lie 
on the table : 

Resolved, That a committee on constitutional amendments 
be appointed. 

Mr. Ellison offered the following, which lies over one day 
under the rules : 

Resolved, That from and after Thursday next, the daily ses- 
sions of this Convention shall commence at 9 o'clock, A. M., 
<md continue during each day, except a recess from 1 to 3| 
P.M. 

On motion, the lobbies and galleries were then cleared, and 
the Convention then proceeded to sit with closed doors. 

After some time spent in secret session, the doors were 
opened, and the Convention went into the consideration of the 
order of the day, it being the ordinance to ratify the Constitu- 
tion of the Confederate States of America, with the proposed 
amendments thereto, the pending question being the amend- 
ment offered by Mr. Dick. 

Mr. Dick moved that the same be postponed until to-morrow 
at 12 o'clock. On this motion the ayes and noes were ordered, 
on motion of Mr. Venable, and resulted as follows : 

Ayes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
Wake, Berry, Bond, Calloway, Cannon, Christian, Council!, 
Davidson, Dick, Douthitt, Eller, Ferebee, Graham, Hamlin, 
Headen, Holden, Jones of Caldwell, Kittrell, Long, Mann, 
Manning, Merritt, Pettigrew, Shipp, Smith of Johnston, Smith 
of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
Thomas of Carteret, Warren and Wilson — 37. 



1861.] STATE CONVENTION. 45 

Noes — The President, and Messrs. Arrington, Ashe, Batch- 
elor, Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, 
Carson, Cowan, Craige, Cunningham, Darden, Dillard, Dur- 
ham, Foster of Ashe, Foy, Green, Greenlee, Grimes, Hargrove, 
Hearne, Henkel, Hicks, Houston of Duplin, Houston of Union, 
Howard, Johnston of Gaston, Johnston of Mecklenburg, Jones 
of Rowan, Leak of Richmond, McDowell of Bladen, McDowell 
of Burke, McDowell of Madison, McNeill of Cumberland, 
McNeill of Harnett, Meares, Mebane, Miller, Mitchell, Moody, 
Moseley, Myers, Osborne, Patterson, Penland, Phifer, Rayner, 
Reid, Rhodes, Royster, Sanders, Smith of Halifax, Stewart, 
Strong, Sutherland, Thomas of Jackson, Thompson, Thornton, 
Tracy, Turner, Venable, Walton, Ward, Williams, Winslow. 
Woodfin and Wooten — 67. 

So the motion to postpone did not prevail. 

Mr. Gorrell moved that the Convention now adjourn. On 
this question the ayes and noes were ordered, on motion of Mr. 
Ashe, and resulted as follows : 

Ayes — Messrs. Allison, Armfield, Battle of Wake, Badger, 
Barnes, Berry, Brodnax, Calloway, Christian, Davidson, Dick, 
Douthitt, Ferebee, Foster of Ashe, Gorrell, Graham, Hamlin, 
Headen, Hearne, Holden, Long, Mann, Manning, Mebane, 
Merritt, Pettigrew, Smith of Mecklenburg, Sprouse, Spruill of 
Bertie, Spruill of Tyrrell, Thomas of Carteret, Warren and 
Wilson— 33. 

Noes — The President, and Messrs. Arrington, Ashe, Batch- 
elor, Battle of Edgecombe, Biggs, Brown, Bunting, Cannon, 
Carson, Councill, Cowan, Craige, Cunningham, Darden, Dillard, 
Durham, Eller, Ellison, Foy, Greenlee, Grimes, Hargrove, Hen- 
kel, Hicks, Houston of Duplin, Houston of L T nion, Howard, 
Johnston of Gaston, Johnston of Mecklenburg, Jones of Cald- 
well, Jones of Rowan, Leak of Richmond, McDowell of Bladen, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Meares, Miller, Mitchell, Moody, 
Moseley, Myers, Osborne, Patterson, Penland, Phifer, Rayner, 
Reid, Rhodes, Royster, Sanders, Smith of Halifax, Smith of 
Johnston, Speed, Stewart, Strong, Sutherland, Thompson, 



46 JOURNAL OF THE [May 29, 

Thornton, Tracy, Turner, Venable, Walton, Ward, Williams, 
Winslow, Woodfin and Wooten — 69. 

So the Convention refused to adjourn. 

Mr. Biggs offered the following amendment to the rules, 
which lies over one day under the rule : " After the word 
'alterations,' in the 23rd rule, insert the words 'or amend- 
ment.' " 

And then, on motion, the Convention adjourned. 



IN CONVENTION, Wednesday, May 29, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

The President announced the following committees : 

On Amendments to the %Zrd Section of the Constitution: 
Messrs. Thomas of Jackson, Leak of Anson, Dick, Grimes, 
Thornton, Moody and Davidson. 

On the Coalfields connection with the railroad system of the 
State : Messrs. Manning, Meares, Brodnax, Battle of Wake 
and Dillar d. 

On motion of Mr. Howard^ the President added Messrs. 
Fcrebee, Pettigrew and Meares, to the committee on Military 
Affairs. 

Mr. Christian offered the following, which was agreed to : 

Resolved, That the committee on the 38rd Article of the 
Constitution be instructed to inquire into the propriety of hav- 
ing the Justices of the Peace elected by the legal voters of the 
State. 

Mr. Houston, of Duplin, offered the following, which passed 
the first reading, and was referred to the Committee on Military 
Affairs : 

Resolved, That. His Excellency, the Governor, be required 
to arm and equip all such companies of volunteers as have been 
tendered, quartered, accepted and sworn, for the term of six 
months service, and have the same mustered and officered for 
immediate service, whenever required, in or out of the State. 



18G1.] STATE CONVENTION. 47 

Mr. Calloway offered the following, which were ordered to 
lie on the table, be printed, and referred to a select committee 
of seven — one from each judicial district, with instructions, in 
its discretion, to report an ordinance or ordinances, embracing 
the subjects therein contained : 

Resolved, That the Constitution of the State ought to be so 
amended that no able-bodied white man shall be allowed to 
vote for members of the House of Commons who may have 
refused or failed to pay his poll tax for the year immediately 
preceding any election at which he may offer to vote, for which 
he may be liable and owing. 

Resolved further. That the Constitution should be so altered 
as to provide that no free white man shall be entitled to vote 
for a member of the Senate in this State who shall not have 
paid a property tax equal to the tax on one hundred dollars 
value of land or real estate for the year immediately preceding 
any election at which he may offer to vote for a member of the 
Senate. 

Resolved further, That the Constitution of this State should 
be so amended that the right to amend the Constitution by the 
Legislature shall be abolished. 

Mr. Headen offered the following, which was agreed to : 

Resolved, That the committee appointed to inquire into the 
expediency of connecting the railroad system of this State 
with the Iron and Coalfields of Deep River, in the county of 
Chatham, be also instructed to inquire into the propriety and 
expediency of establishing within or near that valley a State 
foundry and arsenal, or other machinery for the purpose of 
constructing arms and munitions of w r ar ; and that they report 
what, in their opinion, will be the probable cost of such an 
establishment. 

On motion of Mr. Smith, of Halifax, the ordinance intro- 
duced by him, on yesterday, in relation to the. seaboard defenses, 
was taken up and put on its second reading, pending the con- 
sideration of which, the hour arrived, and the Convention pro- 
ceeded to the order of the day, being the ordinance to ratify 
the Constitution of the Confederate States of America, and the 
amendments thereto proposed. 



48 JOURNAL OF THE [May 30, 

Mr. Graham moved to postpone the further consideration of 
the subject until the first Thursday in August next. 

Mr. Christian moved that the Convention adjourn, on which 
the ayes and noes were ordered, on motion of Mr, Batchelor, 
and resulted as follows : 

Ayes — The President, and Messrs. Allison, Armfield, Badger, 
Barnes, Battle of Wake, Berry, Bond, Brodnax, Brown, Callo- 
way, Cannon, Christian, Councill, Davidson, Dick, Douthitt, 
Eller, Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Gra- 
ham, Green, Headen, Holden, Jones of Caldwell, Jones of 
Rowan, Leak of Anson, Long, Mann, Manning, Mebane, Mer- 
ritt, Mitchell, Moody, Myers, Osborne, Pettigrew, Rayner, 
Ruffin, Sanders, Satterthwaite, Shipp, Smith of Halifax, Smith 
of Johnston, Smith of Macon, Speed, Spruill of Bertie, Spruill 
Tyrrell, Strong, Thomas of Carteret, Thompson, Walton, War- 
ren, Washington, Whitford and Wilson — 59. 

Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Bunting, Carson, Cowan, Craige, Cunningham, 
Darden, Dillard, Durham, Foy, Fuller, Greenlee, Grimes, Ham- 
lin, Hargrove, Hearne, Henkel, Hicks, Houston of Duplin, 
Houston of Union, Howard, Johnston of Gaston, Johnston of 
Mecklenburg, Leak of Richmond, McDowell of Bladen, Mc- 
Dowell of Burke, McDowell of Madison, McNeill of Cumber- 
land, McNeill of Harnett, Meares, Miller, Moseley, Patterson, 
Penland, Phifer, Reid, Rhodes, Royster, Sprouse, Stewart, 
Sutherland, Thomas of Jackson, Thornton, Tracey, Turner, 
Ward, Williams, Winslow, Woodfin and Wooten — 54. 

So the Convention adjourned. 



IN CONVENTION, Thursday, May 30, 1861. 

The hour having arrived, the Piesident called the Convention 
to order. Prayer by Rev. Dr. Mason, of the P. E. Church. 

The journal of yesterday was read and approved. 

The President announced the committee " On suffrage, and 
legislative mode of amending the Constitution:" Messrs. Callo- 
way, Ruthn, Rayner, Barnes, Washington, Fuller and Shipp. 



1861.] STATE CONVENTION. 49 

The President laid before the Convention a letter addressed 
to the Convention by the Hon. Robert Toombs, Secretary of 
State of the Confederate States, inclosing the proclamation of 
President Davis, declaring the State of North Carolina a mem- 
ber of the Confederate States of America; which were severally 
read, and, on motion of Mr. Craige, ordered to be printed, 
together with the letter of the President of the Convention 
which accompanied the ordinance transmitted to Montgomery 
by special messenger. 

Mr. Badger introduced an ordinance providing the mode of 
authenticating ordinances and resolutions having the force of 
laws, which passed its first and second readings. 

Mr. Biggs moved that the Convention go into secret session. 
On this question the ayes and noes were ordered, on motion of 
Mr. Badger, and resulted as follows : 

Ayes— The President, and Messrs. Allison, Ashe, BaTtle of 
Edgecombe, Battle of Wake, Biggs, Brodnax, Brown, Bunting, 
Carson, Craige, Darden, Davidson, Dillard, Durham, Foy, Fil- 
ler, Gorrell, Greenlee, Grimes, Hargrove, Hearne, Honkel, ' 
Howard, Johnston of Gaston, Johnston of Mecklenburg, .Jop.es 
of Caldwell, Leak of Richmond, McDowell of Bladen, McDow- 
ell of Burke, McDowell of Madison, McNeill of Cumberland, 
McNeill of Harnett, Meares, Miller, Mitchell, Moody, Osborne, 
Patterson, Peril and, Phifer, Reid, Rhodes, Royster, Ruffiii, 
Satterthwaite, Shaw, Shipp, Smith of Halifax, Smith of Macon, 
Smith of Johnston, Sprouse, Stewart, Strong, Sutherland, 
Thomas of Carteret, Thompson, Thornton, Tracy, Turiicr, 
Vendible, AVashington, Williams and Wooten — 64. 

Noes — Messrs. Armfield, Arrington, Badger, Barnes, Batch- ' 
elor, Berry, Bond, Calloway, Cannon, Christian, Council, 
Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Gilme,-, 
Graham, Green, Hamlin, Hcadcn, Hicks, Holden, Houston of 
Duplin, Jones of Rowan, Kittrcll, Leak of Anson, Long, Mann, 
Maiming, Mebanc, Merritt, Myers, Pettigrew, Rayner, Sanders, 
Speed, Spruill of Bertie, Spruill of Tyrrell and Wilson — 41. 

So the motion prevailed, and the Convention proceeded to sit 
with closed doors. 



50 JOURNAL OF TttE [May 31, 

After some time spent in secret session, the doors were opened. 

Mr. Ashe moved to take up and consider the unfinished 
business of yesterday, being the ordinance ratifying the Con- 
stitution of the Confederate States of America. 

Mr. Speed moved that the Convention adjourn. 

On this question the ayes and noes were ordered, on motion of 
Mr. Ashe, and resulted as follows : 

Ayes — Mr. President, and Messrs. Allison, Armfield, Badger, 
Barnes, Battle of Edgecombe, Battle of Wake, Brown, Cal- 
loway, Cannon, Christian, Davidson, Dick, Eller, Ferebee, 
Foster of Ashe, Gilmer, Gorrell, Graham, Green, Headen, 
Holden, Jones of Rowan, Kittrell, Leak of Anson, Long, 
Mann, Manning, McDowell of Bladen, McNeill of Harnett, 
Mt'Kme, Merritt, Miller, Mitchell, Pettigrew, Rayner, Ruffin, 
Sanders, Shipp, Smith of Halifax, Smith of Jackson, Smith of 
Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, Thomas of 
Carteret, Walton, Warren, Washington, Whitford and Wil- 
' so'i-— 52. 

Noes — Messrs. Arrington, Ashe, Batchelor, Biggs, Brodnax, 
Bunting, Carson, Councill, Craige, Cunningham, Darden, Dil- 
hird, Durham, Greenlee, Grimes, Hargrove, Hearne, Henkel, 
Hicks, Houston of Duplin, Howard, Johnston of Gaston, 
Johnston of Mecklenburg, Jones of Caldwell, Leak of Richmond, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, Meares, Moody, Moseley, Myers, Osborne, Penland, 
Phifer, Reid, Rhodes, Royster, Shaw, Sprouse, Stewart, Strong, 
SuJiedand, Thornton, Tracey, Venable, Williams, Winslow, 
Woodfin and Wooten — 50. 

And the Convention adjourned. 



IN CONVENTION, Friday, May 31, 1861. 
The President called the Convention to order. Prayer by 
Rev. Joseph M. Atkinson, of the Presbyterian Church. 
The journal of yesterday was read and approved. 



1861.] STATE CONVENTION. 51 

Mr. Jones, of Rowan, from the committee appointed to inquire 
into and report upon the constitutionality of an act of the last 
session of the General Assembly, entitled "An Act to prevent 
the sacrifice of property, and to suspend proceedings in certain 
cases," made a. report thereon, asking to be discharged from the 
further consideration of the subject. The report was concurred 
in, and the committee discharged. 

Mr. Green introduced the following resolution: 

Resolved, That this Convention proceed to-morrow, at 12 
o'clock, to elect five commissioners to represent the State of 
North Carolina in the Congress of the Confederate States of 
America. 

Mr. Holden moved the following as a substitute therefor : 

Resolved, That a committee be appointed to prepare and 
report an ordinance providing for an election by the people of 
this State of five delegates to the Confederate Congress, to be 
elected by general ticket. 

Mr. Ruffin moved to amend the substitute by striking out 
"five" and inserting "ten," which was not agreed to. 

Mr. Gorrell moved to strike out "five" and insert "eight," 
pending the consideration of which, on motion of Mr. Ferebee, 
the subject was postponed until Monday, at 12 o'clock. 

Mr. Badger offered the following, which was agreed to : 

Resolved, That the Committee on Finance be instructed to 
inquire into the expediency of altering, modifying, or abrogat- 
ing the act passed at the late session of the General Assembly 
providing for the issue of Treasury notes ; and that said com- 
mittee report at as early a period as practicable, by ordinance 
or otherwise. 

The order of the day being then called for by Mr. Venable, 
being the ordinance to ratify the Constitution of the Confede- 
rate States, with the proposed amendments thereto, the pend- 
ing question being the motion of Mr. Graham to postpone the 
further consideration of the subject until the first Thursday in 
August. 

Mr. Smith, of Halifax, moved to postpone the same, and in 
lieu thereof, that the Convention proceed to consider the ordi- 



52 JOURNAL OF THE [May 31, 

nance to provide for the defense of the seaboard counties of the 
State. On this question the ayes and noes were ordered, on 
motion of Mr. Battle, of Wake, and resulted as follows : 

Ayes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
Wake, Bond, Brodnax, Calloway, Cannon, Christian, Councill, 
Davidson, Dick, Dillard, Douthitt, Eller, Ellison, Ferebee, Foster 
of Ashe, Foy, Fuller, Gilmer, Gorrell, Graham, Grimes, Hearne, 
Headen, Holden, Jones of Caldwell, Jones of Rowan, Kittrell, 
Long, Mann, Manning, McNeill of Cumberland, McNeill of 
Harnett, Mebane, Miller, Mitchell, Pettigrew, Rayner, Sanders, 
Shipp, Smith of Halifax, Smith of Johnston, Smith of Macon, 
Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Thomas 
of Carteret, Walton, Ward, Warren, Washington, Williams and 
Wilson— 57. 

Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
combe, Berry, Biggs, Brown, Bunting, Carson, Craige, Cun- 
ningham, Darden, Durham, Edwards, Green, Greenlee, Har- 
grove Henkel, Hicks, Houston of Duplin, Houston of Union, 
Howard, Johnston of Gaston, Johnston of Mecklenburg, Leak 
of Anson, Leak of Richmond, McDowell of Bladen, McDowell 
of Burke, McDowell of Madison, Meares, Merritt, Moody, 
Moseley, Myers, Osborne, Patterson, Penland, Phifer, Reid, 
Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracey, 
Turner, Venable, Whitford, Woodfin and Wooten — 55. 

So the motion prevailed. 

By consent, Mr. Arrington withdrew the ordinance heretofore 
introduced by him, providing for the appointment of a Secretary 
of War, and in lieu thereof, offered another ordinance on the 
same subject, which passed its first reading, and was ordered to 
lie on the table and be printed. 

The ordinance for the seaboard defense being then under 
consideration on its second reading, 

Mr. Howard moved to amend by striking out all that part of 
the same, between the words "railroad," and the words, "for 
the exclusive," and inserting the following : " One regiment of 
cavalry, one regiment of artillery, two regiments of rifles, and 
three regiments of infantry," which was agreed to: 



1861.] STATE CONVENTION. 53 

Mr. Howard also moved to amend by adding the words, "pro- 
vided the said regiments can be raised in that portion of the 
State, ' ? and also to strike out that part relating to the rendez- 
vous, which were agreed to. 

Mr. Howard now moved that the whole subject do lie on the 
table, which was not agreed to. 

On motion of Mr. Badger, the following amendment to the 
ordinance was made : " Said regiments shall be considered a part 
of, and not an addition to, to the volunteer forces, which the 
Governor has been authorized to raise, by an act of the last 
General Assembly. 

Mr. Biggs moved that the subject lie on the table. 

On this motion the ayes and noes were ordered, on motion of 
Mr. Spruill, of Bertie, and resulted as follows : 

Ayes — Messrs. Allison, Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Brodnax, Bunting, Craige, Cunningham, Dur- 
ham, Edwards, Greenlee, Hargrove, Henkel, Houston of Duplin, 
Howard, Johnston of Gaston, Jones of Rowan, McDowell of 
Burke, McDowell of Madison, McNeill of Cumberland, Mc- 
Neill of Harnett, Mitchell, Osborne, Patterson, Penland, Reid, 
Rhodes, Royster, Ruffin, Stewart, Strong, Sutherland, Thomas 
of Jackson, Thompson, Thornton, Tracy, Turner, Woodfin and 
Wooten— 40. 

Noes — Messrs. Arrington, Armfield, Badger, Barnes, Battle 
of Wake, Berry, Bond, Calloway, Cannon, Carson, Christian, 
Councill, Darden, Davidson, Dick, Dillard, Douthitt, Eller, 
Ellison, Ferebee, Foster of Ashe, Foy, Gilmer, Graham, Green, 
Grimes, Hearne, Headen, Hicks, Holden, Houston of Union, 
Jones of Caldwell, Kittrell, Leak of Anson, Long, Mann, Mc- 
bane, Merritt, Miller, Moody, Pettigrew, Phifer, Rayner, San- 
ders, Shaw, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Thomas of Carteret, 
Venable, Walton, Ward. Warren, Washington, Whitford, Wil- 
liams and Wilson — 60. 

So the motion did not prevail. 

Mr. Houston, of Duplin, moved that the whole subject he 
referred to the Committee on Military Affairs, and on this 



54 JOURNAL OF THE [May 31, 

question the ayes and noes were ordered, on motion of Mr. 
Spruill, of Bertie, and resulted as follows : 

Ayes — Messrs. Batchelor, Biggs, Brodnax, Carson, Craige, 
Cunningham, Darden, Durham, Edwards, Hargrove, Henkel, 
Houston of Duplin, Howard, Johnston of Gaston, Johnston of 
Mecklenburg, Jones of Rowan, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, McNeill of Harnett, 
Miller, Osborne, Patterson, Rayner, Reid, Rhodes, Royster, 
Ruffin, Shaw, Stewart, Strong, Sutherland, Thompson, Thorn- 
ton, Tracy, Turner, Venable, Washington, Winslow, Woodfin 
and Wooten — 41. , 

Noes — Messrs. Allison, Armfield, Arrington, Barnes, Battle 
of Wake, Berry, Bond, Bunting, Calloway, Cannon, Christian, 
Councill, Davidson, Dick, Dillard, Douthitt, Eller, Ellison, 
Ferebee, Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Green, 
Greenlee, Grimes, llearne, Headen, Hicks, Holden, Houston 
of Union, Jones of Caldwell, Kittrell, Leak of Anson, Long, 
Mann, Mebane, Merritt, Mitchell, Moody, Penland, Pettigrew, 
Sanders, Smith of Halifax, Smith of Johnston, Smith of Macon, 
Speed, Sprouse, Spruill of Bertie, Thomas of Carteret, Thomas 
of Jackson, Walton, Ward, Warren, Whitford, Williams and 
Wilson— 57. 

So the motion to refer did not prevail. 
• Mr. Houston, of Duplin, offered the following amendment, 
which Avas not agreed to : " Add to the proviso adopted on 
motion of Mr. Howard, the following words : ' and if not, then 
from any other part of the State.' ' 

Mr. Ruffin moved to amend as follows : strike out the words, 
"cast of the Wilmington and Weldon Railroad," and insert 
the words, lying on and east of the Wilmington and Weldon, 
and the Seaboard and Roanoke Railroads," which was agreed to. 

Mr. Thomas, of J., moved to strike out the word, " instruct- 
ed," and insert the word, " requested," which was not agreed to. 

Mr. Houston, of Duplin, offered the following amendment — 
add as follows: "And that all the forces now raised within the 
section of the State, included within the eastern division of the 
State, and not assigned to any other service, shall be retained 
for this service, and no other whatever," which was not agreed to. 



1861.] STATE CONVENTION. 

The question now recurring on the passage of the ordinance 
ou its second reading, Mr. Thomas, of Jackson, called for the 
ayes and noes, which being ordered, resulted as follows : 

Ayes — Messrs. Allison, Armlield, Arrington, Barnes, Battle 
of "Wake, Berry, Bond. Calloway, Cannon, Christian, Davidson, 
Dick, Dillard, Douthitt, Edwards, Eller, Ellison, Fercbce, 
Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Green, Grimes. 
Headen, Hicks, Holden, Jones of Caldwell, Kittrcll, Long. 
Mann, Mebane, Merritt, Moody, Osborne, Pettigrew, Sanders, 
Smith of Halifax, Smith of Johnston, Smith of Macon, Speed, 
Sprouse, Spruill of Bertie, Thomas of Carteret, Turner, Vena- 
ble, Walton, Ward, Warren, Whitford and Wilson— 54. 

Noes — Messrs. Batchelor, Biggs, Banting, Carson, Craige, 
Cunningham, Durham, Fuller, Greenlee, Hargrove, Hearne, 
Henkel, Houston of Duplin, Houston of Union, Howard, 
Johnston of Gaston, Johnston of Mecklenburg, Jones of Rowan,, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Miller, Moseley, Patterson, Pen- 
land, Rayner, Rhodes, Royster, Ruffin, Shaw, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thornton, Tracy, Washington, 
Williams, Winslow, Woodfin and Wooten — 42. 

So the ordinance passed its second reading. 

On motion, the Convention then proceeded to sit with closed 
doors ; and after some time spent therein, the doors were opened 
and the Convention adjourned. 



IN CONVENTION, Saturday, June 1, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

On motion of Mr. Leak, of Richmond, leave of absence was 
granted to Mr. Myers, of Anson, for three days. 

The President laid before the Convention a response from the 
Secretary of State to a resolution of the Convention, relating 
to the census statistics, which was ordered to lie on the table 
and be printed. 



56 JOURNAL OF THE [May 31, 

Mr. Howard, from the Committee on Military Affairs, made 
a report, which was ordered to lie on the table and be printed , 
in confidence. 

Mr. Batchelor offered the following : 

Resolved, That a committee be appointed to inquire into the 
propriety of having the census of North Carolina published, 
and in what manner it should be done ; which, on motion of 
Mr. Satterthwaite, was ordered to lie on the table. 

Mr. Ruffin offered the following : 

That it be referred to a select committee to inquire — first, 
whether the Constitution ought not to be so amended as to 
require that all bills should be read three times on three several 
days, in each House of the General Assembly, before they 
pass into laws : secondly, aught not the Constitution to be so 
amended as to provide that the Governor shall hold his office 
for the term of four years, and be ineligible for the succeeding 
term, and so as also to vest in the Governor a qualified veto on 
the acts of the General Assembly. 

Mr. Osborne moved to amend by adding, " That said com- 
mittee be instructed to inquire into the expediency of creating 
the office of Lieutenant Governor," which amendment was 
accepted by Mr. Ruffin, and the resolution was then agreed to. 

Mr. Badger offered the following, which, on his motion, was 
ordered to lie on the table and be printed : 

Resolved, That the Constitution of the State ought to be 
amended so as to provide that the ayes and noes shall not be 
taken on any question in either house of the General Assembly, 
unless the call for the same be seconded by one-fifth of the 
members present. 

Resolved, That a committee of five be appointed by the chair 
to draw up and report an ordinance providing for the foregoing 
amendment. 

Mr. Ferebce offered the following, which was agreed to : 

Resolved, That it be referred to a committee to inquire into 
the propriety or expediency of the meeting of the General 
Assembly, on the 25th instant, and that that committee be 
instructed to report by ordinance or otherwise, at an early day. 



1861.] STATE CONVENTION. 57 

On motion of Mr. Johnston, of Mecklenburg, the ordinance 
heretofore introduced by him to amend the second Section of 
the fourth Article of the Amendments to the Constitution, was 
then considered, being on its second reading. 

Mr. Biggs moved to strike out all after the ordaining clause, 
and inserting, "be abrogated and annulled." 

Pending the consideration of which, 

On motion of Mr. Ferebee, the Convention adjourned until 
Monday morning at 11 o'clock. 



IN CONVENTION, Monday, June 3, 1861. 

The hour having arrived, the President, took the chair and 
called the Convention to order. 

At the request of the President prayer was offered by Rev. 
William Hicks, of the M. E. Church, South, and Delegate to 
the Convention from Haywood County. 

The journal of Saturday was read and approved. 

The President announced the following committees : 

On the proposed Amendment to the Second Article of the Con- 
stitution : Messrs. Ruffin, Osborne, Badger, Satterthwaite and 
Winslow. 

On the meeting of the General Assembly on the 25th instant: 
Messrs. Ferebee, McNeill of Cumberland. Reid. Lander and 
Headen. 

Mr. Osborne offered the following : 

Resolved, That a committee be appointed to inquire into the 
expediency of amending the Constitution so as to require the 
General Assembly to meet annually, and that its sessions be 
limited to a fixed period, and that the apportionment of mem- 
bers thereof be made every ten years. 

Mr. Battle, 'of Wake, moved to amend by adding : "Also, 
that said committee inquire into the propriety of annual elec- 
tions of the members of the General Assembly," which was 
accepted by Osborne, and the resolution was agreed to. 
8 
I 



58 JOURNAL OF THE [June 3, 

Mr. Leak, of Richmond, offered the following, which lies 
over day under the rule : 

Resolved, That during the remainder of the session the Con- 
vention shall meet at 10 o'clock, A. M., and adjourn at 1 o'clock, 
P. M., and shall meet again at 3 P. M., and adjourn at 6 P. M. 
Mr. Gorrell offered the following, which was agreed to : 
Resolved, That His Excellency, the Governor, be requested 
to furnish to this Convention a copy of the rules, regulations 
and penalties, and the articles of war of the army of the Con- 
federate States of America. 

Mr. Graham offered the following, which was agreed to : 
Resolved, That the committee on Military Affairs be instructed 
Jo inquire whether it is expedient to continue the enlistment of 
State troops, under the recent act of the General Assembly 
to raise ten thousand men ; or whether the levies of the State 
should not be directed to the raising of volunteers or other 
militia forces, to be mustered into the service of the Confeder- 
ate States. 

Resolved, That said committee further inquire, what number 
of forces of all arms, and of each several arm of the service, 
it is expedient for North Carolina to raise immediately, con- 
sidering her relations to the Government of the Confederate 
States and the proportions in which each State should contribute 
tosthe common defense. 

Resolved, That His Excellency, the Governor, be requested 
to furnish this Convention with copies of every requisition for 
troops which he has made, by the authority of the Confederate 
States. 

Mr. Pettigrew offered the following resolution, which was 
agreed to : 

Resolved, That the Governor be, and he is hereby requested, 
to furnish to the Convention, as early as the information can 
be obtained, as to what quantity and description of arms, in 
addition to those now in the State, would be required to arm 
the militia of North Carolina, and that said information be 
communicated in secret session. 

Mr. Howard offered the following, which was agreed to : 



1861.] STATE CONVENTION. 

Resolved, That the committee to be appointed on the resolu- 
tion introduced this morning by Mr. Osborne, be instructed to 

inquire into the propriety of a new apportionment of the mem- 
bers of the House of Commons, and Senatorial districts, by 
the General Assembly, and report by ordinance or otherwise. 

The hour having arrived for the consideration of the special 
order, being the resolution of Mr. Green and the amendments 
thereto, the pending question being on the amendment of Mr. 
Gorrell, to strike out "five," and insert "eight :" 

Mr. Venable moved to postpone the same for the purpose of 
considering the ordinance to ratify the Constitution' of the 
Confederate States of America, which was agreed to. 

The question pending was the motion of Mr. Graham to 
postpone the further consideration of the subject until the first 
Monday in August next, and after some time spent thereon, 

Mr. Pettigrew moved that the Convention adjourn, and it 
was not agreed to. 

Mr. Thomas, of Jackson, moved that the Convention resolve 
itself into a Committee of the Whole, for the purpose of con- 
sidering the pending question, which motion was not concur- 
red in. 

And then, on motion of Mr. Graham, the Convention ad- 
journed. 



IN CONVENTION, Tuesday, June 4, 1861. 

The President took the chair and called the Convention to 
order. 

Prayer by the Rev. Joel W. Tucker, of the M. E. Church, 
South. 

The journal of yesterday was read and approved. 

Mr. Badger offered the following additional rules: 

After the journal is read, the President shall first call for 
petitions, ami then for reports from committees, after which 
resolutions and proposed ordinances shall be in order. 

Every resolution ami every report of a committee shall lie 
one day for consideration. 



60 JOURNAL OF THE [June 1, 

A motion that the Convention go into secret session shall be 
in order after the call for resolutions and proposed ordinances, 
and shall be decided without debate. 

All proposed ordinances shall, after the first reading, be 
printed for the use of the Convention, but no other paper or 
document shall be printed for the use of the Convention with- 
out special order. 

The President shall nut call for the orders of the day until 
one hour after the meeting of the Convention, but when the 
time shall have arrived for the consideration of a special order, 
it shall be the duty of the chair to take up such special order, 
and the Convention shall proceed to consider it, unless it be 
postponed by a vote of the Convention. 

When two or more subjects shall be assigned for the same 
hour, they shall take precedence according to the time at which 
they shall be assigned. 

Special orders shall have precedence of general orders, ami 
.shall not lose their position as such, nor their relative position 
on the calendar, unless by vote of the Convention, until finally 
disposed of; and amongst these orders, general or special, the 
unfinished business upon which the Convention shall have been 
engaged at the last preceding adjournment, shall have the 
preference. 

The titles of ordinances, and such parts thereof only as 
shall be affected by proposed amendments, shall be inserted on 
the journal. 

Before any ordinance or resolution, having the force of law, 
shall be presented for the signature of the President, the same 
shall be fairly enrolled under the direction of the Secretary, 
and such enrollment shall be carefully compared and examined 
with the ordinance or resolution passed by the Convention and 
reported to be duly enrolled by a committee consisting of two 
members, to be appointed by the President, to be called " the 
Committee on Enrollments." 

No proposed ordinance nor resolution, or other paper pending 
in the Convention, shall fall or be lost by reason of any 
recess or adjournment over, but the same shall be resumed and 



1861.] STATE CONVENTION. 61 

acted upon at the reassembling of the Convention, in the same 
"manner as if such adjournment or recess had not taken place. 

The Secretary shall weekly prepare a statement or calendar, 
showing the condition and order of the business before the 
Convention, and shall have the same printed for the use of the 
members. 

He also moved to amend the last rule now in force in the 
Convention, by inserting after the word "alteration," the words, 
•'nor shall any rule be suspended.'' 

The President announced the following committees : 

On Annual Elections and Sessions of the General Assembly : 
Messrs. Howard, Osborne, Battle of Wake. Thornton and 
Gilmer. 

On the 46^A Section of the Constitution : Messrs. Rayner, 
Merritt, Berry, Royster and Hicks. 

On motion of Mr. Ellison, the resolution heretofore intro- 
duced by him, in relation to the time of holding the daily ses- 
sions of the Convention, was taken up for consideration. 

Mr. Jones, of Rowan, moved to amend by striking out that 
part relating to afternoon sessions, which was not agreed to. 

The resolution was then amended so as to provide that the 
sessions shall commence at 10 o'clock. A. M., with a recess 
from 2 to 4, P. M. 

The question now recurring upon the adoption of the reso- 
lution as amended, the ayes and noes were ordered, on motion 
of Mr. Ellison, and resulted as follows: 

Ayes — Messrs. Allison, Arrington, Armtield, Ashe, Batch- 
elor, Battle of Edgecombe, Battle of Wake, Berry, Bio-o-s, 
Bond, Brodnax, Brown, Bunting, Calloway, Cannon, Carson, 
Christian, Councill, Craige, Cunningham, Harden, Davidson, 
Dick, Dillaid, Douthitt, Durham, Eller, Ellison, Ferebee, Fos- 
ter of Ashe, Foy, Fuller, Gorrell, Graham, Green, Greenlee, 
Grimes, Hamlin, Hargrove, Hearne, Headen, Henkel, Hicks, 
Houston of Duplin, Houston of Union, Howard, Johnston of 
Gaston, Johnston of Mecklenburg, Jones of Caldwell, Sander, 
Leak of Anson, Leak of Richmond, Long, Mann, McDowell of 
Bladen, McDowell of Burke, McDowell of Madison, McNeill 



62 JOURNAL OF THE [June 4, 

oi* Cumberland, McNeill of Harnett, Miller, Mitchell, Moody, 
Moseley, Myers, Patterson, Phifer, Reid, Rhodes, Royster, 
Sanders, Satterthwaite, Shaw, Smith of Halifax, Smith of Macon, 
Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, 
Sutherland, Thomas of Carteret, Thompson, Thornton, Tracy, 
Turner, Vcnablc, Ward, Warren, Washington, Wilson and 
Wooten— 92. 

Noes — Messrs. Badger, Edwards, Gilmer, Holden. Jones of 
Rowan, Meares, Osborne, Penland, Pettigrew, Rayner, Ruffin, 
Shipp, Smith of Johnston and Whitford — 14. 

So the resolution was agreed to. 

Mr. Hicks offered the following, which was agreed to : 

Resolved, That a committee of five be appointed to inquire 
into the propriety of so changing the Constitution of the State as 
to declare that those who have not reached the age of twenty-one 
years are ineligible to a seat in the lower branch of the General 
Assembly, and that those who are under the age of twenty-five 
years are ineligible to a seat in the Senate of the said General 
Assembly. 

Mr. Speed offered the following, which was agreed to : 

Resolved, That the committee on the election and sessions of 
the General Assembly be instructed to inquire into the expedi- 
ency of so amending the State Constitution as to reduce the. 
number of the Senate to thirty-two, and the classification of the 
same so as to elect one-third every two years, so that the entire 
body will be changed every six years ; if the elections fqr the 
House of Commons be biennially, or so that one-fourth shall 
be elected every year ; if the elections of the House of Com- 
mons be annually, so that the entire body shall be changed 
every four years. Also to inquire into the expediency of reduc- 
ing the number of the House of Commons to one hundred. 

Mr. Stewart offered the following, Avhich lies over one day, 
under the rules: 

Resolned, That no member shall be allowed to speak longer 
than twenty minutes on any subject until the permanent Consti- 
tution, the defense of the State, and the election of delegates 
to the Southern Congress shall have been disposed of. 



L861.] STATE CONVENTION. 63 

Mr. Ward offered the following : 

.Resolved, That from and after Monday next, 10th instant. 
this Convention take a recess until the 22d of July, unless sooner 
convened by the proclamation of the President. 

Mr. Hicks moved to amend by striking out the words, "|22nd 
of July," and inserting the words, "first Monday in October/ 
Mr. Pettigrcw moved that the whole subject lie on the table, 
on which the ayes and noes were ordered on motion of Mr. 
Foy, and resulted as follows : 

Ayes — Messrs. Allison, Arlington, Armfield, Badger, Batch- 
elor, Battle of Edgecombe, Battle of Wake, Berry, Biggs, 
Bond, Cannon, Carson, Councill, Dick, Douthitt, Edwards, 
Ferebee, Fuller, Gilmer, Gorrell, Graham, Hamlin, Headen, 
Holden, Jones of Caldwell, Jones of Rowan, Kittrell, Lander, 
Long, Mitchell, Myers, Osborne, Penland, Pettigrew, Phifer, 
Rayner, Ruffin, Sanders, Satterthwaite, Smith of Halifax. 
Smith of Johnston, Smith of Macon, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Thomas of Carteret, Turner, Warren, Wash- 
ington, Wilson and Woodfin — 51. 

Noes — Messrs. Ashe, Brodnax, Brown, Bunting, Calloway, 
Christian, Craige, Cunningham, Darden, Davidson, Dillard, 
Durham, Eller, Ellison, Foster of Ashe, Foy, Green, Greenlee, 
Hargrove, Hearne, Henkel, Hicks, Houston of Duplin, Houston 
of Union, Howard, Johnston of Gaston, Johnc-ton of Mecklen- 
burg, Leak of Anson, Leak of Richmond, Mann, McDowell of 
Bladen, McDowell of Burke, McDowell of Madison, Mc 
Neill of Cumberland, McNeill of Harnett, Moody, Mosely, Reid, 
Rhodes, Royster, Shaw, Speed, Stewart, Sutherland, Thompson, 
Thornton, Tracey, Venable, Walton, Ward and Wooten — 515. 

So the motion did not prevail. 

Mr. Graham moved that the subject be referred to a select 
committee ; pending the consideration of which, 

On motion, the lobbies and galleries were cleared, and the Con- 
vention sat with closed doors. 

After some time spent therein, the doors were opened, and 
the Convention proceeded to the consideration of the ordinance 
to ratify the Constitution of tin- Confederate States of America, 



(34 Journal of the [June 5, 

;ind the amendments thereto proposed — the pending question 
being on the motion of Mr. Graham to postpone the further 
consideration of the subject until the first Monday in August 
next. 

Without arriving at any conclusion thereon, by consent, 
Mr. Rayner, from the Committee on Finance, to whom was 
referred an ordinance to provide for a Board of Claims, reported 
the same back to the Convention, with a proposed substitute 
therefor, which said substitute the committee recommended 
should pass. 

The substitute then passed its first reading. 
The President announced the following committee : 
On Ceding the Arsenal, at Fayetteville, to the Confederate 
States : Messrs. Craige, Woodfin, Graham, Kittrell and McNeill 
of Cumberland. 

On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Wednesday, June 5, 1861. 

The President took the chair and called the Convention to 
order. Prayer by the Rev. C. D. Smith, of the M. E. Church, 
South, and a Delegate from the county of Macon. 

The journal of yesterday was read and approved. 

John L. Holmes, Delegate from New Hanover, elected to fill 
the vacancy created by the resignation of Col. Robert II. Cowan, 
appeared, produced his credentials, and took his seat in the 
Convention. 

On motion of Mr. Badger, the additional rules proposed by 
him on yesterday, were taken up and agreed to, and the Secre- 
tary was instructed to have the entire rules numbered and printed 
for the use of the Convention. 

Mr. Stewart called up his resolution proposing to limit the 
speeches of members until certain business is disposed of; 
whereupon the same was ordered to lie on the table by a vote 
taken by ayes and noes, on the motion of Mr. Armfield, as fol- 
lows : 



1861.] STATE CONVENTION. C>r> 

Ayes — Messrs. Allison, Arlington, Armfield, Badger, Barnes, 
Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
Christian, Davidson, Dick, Douthitt, Edwards, Eller, Ferebee, 
Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Hamlin, Hearne, 
Ileaden, Ilolden, Jones of Caldwell, Jones of Rowan, Long, 
Manning, McNeill of Harnett, Mcrritt, Mitchell, Osborne, 
Penland, Pettigrew, Phifer, Rayner, Ruffin, Sanders, Satter- 
thwaite, Smith of Halifax, Smith of Johnston, Smith of Macon, 
Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Strong, 
Thomas of Carteret, Thornton, Turner, Venable, Walton, 
Warren, Washington, Whitford, Wilson and Woodfin — 60. 

Noes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
Brodnax, Bunting, Carson, Councill, Cunningham, Darden, 
Dillard, Durham, Ellison, Fuller, Green, Greenlee, Grimes, 
ILirgrove, Henkel, Hicks, Holmes, Houston of Duplin, Hous- 
ton of Union, Johnston of Gaston, Johnston of Mecklenburg, 
Lander, Leak of Anson, Leak of Richmond, Mann, McDowell 
of Bladen, McDowell of Burke, McDowell of Madison, Mc- 
Neill of Cumberland, Miller, Moody, Moseley, Myers, Patter- 
son, Reid, Rhodes, Royster, Stewart, Sutherland, Thompson, 
Tracy, Ward, Williams and Wooten — 50. 

On motion of Mr. Craige, the Convention proceeded to sit 
with closed doors; and after some time spent therein, the doors 
were opened, and the Convention proceeded with business in 
open session. 

The President announced the following Committee on Enrol- 
ments: Messrs. Strong and Battle, of Wake. 

The unfinished business of yesterday, being the ordinance to 
ratify the Constitution of the Confederate States, was then 
taken up for consideration, pending which, 

Mr. Ruffiin moved that the Convention adjourn. On this 
question the ayes and noes were ordered, on motion of Mr. 
Cunningham, and resulted as follows : 

Ayes— Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 

Battle of Wake, Berry, Bond, Calloway, Cannon, Davidson, 

Dick, Edwards, Ellison, Ferebee, Gilmer, Gorrell, Graham, 

Hamlin, Ileaden, Ilolden, Jones of Rowan, Leak of Anson, 

9 



66 JOURNAL OF THE [June 5, 

Long, Mann, Manning, McNeill of Cumberland, McNeill of Har- 
nett, Merritt, Mitchell, Osborne, Penlancl, Pettigrew, Rayner, 
Ruffin, Satterthwaite, Smith of Halifax, Smith of Johnston, 
Spruill of Bertie, Spruill of Tyrrell, Sutherland, Thomas of 
Car., Walton, Warren, Washington, Whitford and Wooten — 48. 
Noes — Messrs. Arrington, Ashe, Battle of Edgecombe, Biggs, 
Brodnax, Brown, Bunting, Carson, Councill, Craige, Cunning- 
ham, Darden, Dillard, Douthitt, Durham, Foster of Ashe, Foy, 
Fuller, Green, Greenlee, Grimes, Hargrove, Ilearne, Henkel, 
Hicks, Holmes, Houston of Duplin, Houston of Union, Howard, 
Johnston of Gaston, Jones of Caldwell, Lander, Leak of Rich- 
mond, McDowell of Bladen, McDowell of Burke, McDowell of 
Madison, Miller, Moody, Moseley, Myers, Phifer, Reid, Rhodes, 
Royster, Sanders, Shaw, Smith of Macon, Stewart, Strong, 
Thompson, Thornton, Tracy, Turner, Venable, Ward and Wil- 
liams — 56. • 
So the Convention refused to adjourn. 
After further consideration, 

Mr. Gilmer moved that the Convention adjourn ; and on this 
question the ayes and noes were ordered on motion of Mr. Leak, ' 
of Richmond, and resulted as follows : 

Ayes — Messrs. Allison, Badger, Barnes, Berry, Bond, Cal- 
loway, Cannon, Davidson, Dick, Douthitt, Edwards, Eller, 
Ellison, Ferebee, Foy, Gilmer, Graham, Hamlin, Headen, Hol- 
den, Johnston of Mecklenburg, Jones of Caldwell, Jones of 
Rowan, Lander, Leak of Anson, Mann, Manning, McNeill of 
Cumberland, Merritt, Mitchell, Osborne, Penland, Pettigrew, 
Rayner, Satterthwaite, Shipp, Smith of Halifax, Smith of 
Johnston, Smith of Macon, Speed, Spruill of Bertie, Spruill 
of Tyrrell, Sutherland, Thomas of Carteret, Walton, Warren, 
Whitford, Wilson and Woodfin— 50. 

Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
combe, Battle of Wake, Biggs, Brodnax, Brown, Bunting, 
Carson, Christian, Councill, Craige, Cunningham, Darden, 
Dillard, Durham, Foster of Ashe, Fuller, Greenlee, Grimes, 
Hargrove, Hearne, Henkel, Hicks, Holmes, Houston of Union, 
Howard, Johnston of Gaston, Leak of Richmond, McDowell of 



1861.] STATE CONVENTION. 67 

Bladen, McDowell of Burke, McDowell of Madison, McNeill 
of Harnett, Miller, Moody, Moseley, Myers, Phifer, Reid, 
Rhodes, Royster, Sanders, Shaw, Stewart, Strong, Thomp- 
son, Thornton, Tracy, Turner, Venable, Ward, Williams and 
Wooten — 54. 

After debate, on motion of Mr. Satterthwaite, the further con- 
sideration of the subject was postponed until to-morrow at 11 
o'clock. 

And then, on motion of Mr. Badger, the Convention adjourned, 



IN CONVENTION, Thursday, June 6, 1861. 

The hour having arrived, the President took the chair and 
called the Convention to order. Prayer by Rev. P. C. Henkel, 
of the Lutheran Church, and member from Catawba County. 

The journal of yesterday was read and approved. 

Mr. Biggs offered the following, which lies over one day under 
the rules : 

Resolved, That this Convention, on the next, at six 

o'clock, A. M., will adjourn its present session and take a recess 
until the first Monday in October next, at which time it will 
again convene : Provided, however, It may be sooner convened 
by the proclamation of the President or any five members of 
the Convention, in case of the death of the President. 

Mr. Biggs offered the following, which passed its first reading : 

Resolved, That the resolution of the General Assembly 
adjourning the extra session thereof until the 25th instant, be 
and the same is hereby repealed, and the said General Assem- 
bly shall meet in regular session at such time, during this year, 
as may be appointed by the Governor, of which he shall make 
proclamation. 

Resolved further, That the Governor shall, by proclamation, 
immediately notify the members of the General Assembly of 
the adoption of the above resolution. 

Mr. Smith, ,of Macon, offered the following, which was 
agreed to: 



68 JOURNAL OF THE [June 6, 

Resolved, That the Committee on Finance be instructed to 
inquire into the claims of Sheriffs for holding elections of mem- 
bers of the State Convention, and report an ordinance provid- 
ing for their payment. 

Mr. Wilson offered a resolution proposing a change in the 
Constitution, so as to elect Justices of the Peace by the qualified 
votei'3 of the House of Commons, limiting their terms ofser- 
vice, &c, which lies over one day under the rule. 

Mr. Hamlin offered a resolution proposing to change the 
Constitution, so as to allow citizen soldiers to vote for certain 
officers any where in the State ; which lies over one day under 
the rule. 

Mr. Smith, of Johnston, offered a resolution on the same 
subject, which lies over one day also. 

Mr. Armfield introduced a resolution in the nature of an 
ordinance, proposing to strike out that part of the State Con- 
stitution which prohibits " Clergymen and preachers of the 
Gospel" from holding office as members of the General Assem- 
bly or Councillors of State ; Avhich lies over one day under the 
rule. 

On motion of Mr. Green, the Convention then went into the 
consideration of the resolution and amendments relating to 
the election of Delegates to the Confederate Congress ; the 
question being the motion of Mr. Gorrell to strike out "five" 
and insert "eight." 

After consideration, the motion to amend the amendment 
prevailed. 

The hour of 11 o'clock having arrived, the Convention pro- 
ceeded to the special order set therefor, the same being the 
ordinance to ratify the Constitution of the Confederate States ; 
the pending question being the motion of Mr. Graham to # post- 
ponethe subject until the first Monday in August next, and the 
same was considered until the hour arrived for a recess until 
four o'clock, P. M. 



1861.] STATE CONVENTION. 69 

I O'CLOCK, P. M. 

The Convention having re-assembled, the President laid before 
the Body a communication from His Excellency, the Governor, 
in response to a resolution, transmitting a copy of the u Arti- 
cles of War for the government of the Army of the Confeder- 
ate States," "which was ordered to lie on the table. 

The Convention then resumed the business last considered at 
the morning session, and after some time spent therein, by gen- 
eral consent, Mr. Graham withdrew the pending amendment, 
and in lieu thereof, introduced the following : " Provided, 
That full provision be made for the representation of North 
Carolina, in proportion to her population, as compared with 
that of the other States, in the election ef electors for Presi- 
dent and Vice President and members of Congress, in the elec- 
tion to be held prior to putting in operation the government 
established by said Constitution. 

On this question the ayes and noes were ordered, on motion 
of Mr. Graham, and resulted as follows : 

Ayes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
Bond, Calloway, Cannon, Christian, Davidson, Dick, Douthitt, 
Eller, Ellison, Ferebee, Gilmer, Gorrell, Graham, Holden, 
Jones of Caldwell, Kittrell, Long, Mann, Manning, Myers, Pet- 
tigrew, Rayner, Sanders, Smith of Johnston, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, War- 
ren, Washington and Wilson — 36. 

Noes — Messrs. Arrington, Ashe, Badger, Barnes, Batchelor, 
Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, Carson, 
Councill, Craige, Cunningham, Darden, Dillard, Durham, Ed- 
wards, Foster of Ashe, Fuller, Green, Greenlee, Grimes, Hamlin, 
Hargrove, Hearne, Headen, Henkel, Hicks, Holmes, Houston 
of Duplin, Houston of Union, Howard, Johnston of Gaston, 
Johnston of Mecklenburg, Jones of Rowan, Lander, Leak of 
Anson, Leak of Richmond, McDowell of Bladen, McDowell 
of Burke, McDowell of Madison, McNeill of Cumberland, 
McNeill of Harnett, Meares, Mcbane, Merritt, Miller, Mitchell, 
Moody, Moseley, Osborne, Patterson, Penland, Phifcr, Reid, 
Rhodes, Royster, Rufiin, Satterthwaite, Shaw, Shipp, Smith of 



70 JOURNAL OF THE [June 6, 

' Halifax, Smith of Macon, Stewart, Strong, Sutherland, Thomas 
of Jackson, Thompson, Thornton, Tracy, Turner, Yenable, 
Walton, Ward, Whitford, Williams, Woodfin and Wooten— 79. 

So the amendment did not prevail. 

The amendment of Mr. Dick having been, by consent, with- 
drawn temporarily, to make the foregoing amendment of Mr. 
Graham in order, was now renewed, and on its adoption the 
ayes and noes were ordered, on motion of Mr. Dick, and 
resulted as follows : 

Ayes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
Bond, Calloway, Cannon, Christian, Councill, Davidson, Dick, 
Douthitt, Eller, Ellison, Ferebee, Gilmer, Gorrell, Graham, 
Headeu, Holden, Jones of Caldwell, Kittrell, Long, Mann, Man- 
ning, Merritt, Mitchell, Sanders, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
Thomas of Carteret, Walton, Warren and Wilson — 38. 

Noes — Messrs. Arrington, Ashe, Badger, Barnes, Batchelor, 
Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, Car- 
son, Craige, Cunningham, Darden, Dillard, Durham, Edwards, 
Foster of Ashe, Foy, Fuller, Green, Greenlee, Grimes, Hamlin, 
Hargrove, Hearne, Henkel, Hicks, Holmes, Houston of Duplin, 
Houston of Union, Howard, Johnston of Gaston, Johnston of 
Mecklenburg, Jones of Rowan, Lander, Leak of Anson, Leak 
Richmond, McDowell of Bladen, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, McNeill of Harnett, 
Meares, Mebane, Miller, Moody, Moseley, Myers, Osborne, 
Patterson, Penland, Phifer, Rayner, Reid, Rhodes, Royster, 
Ruffin, Satterthwaite, Shaw, Shipp, Smith of Halfax, Stewart, 
Strong, Sutherland, Thomas of Jackson, Thompson, Thornton, 
Tracy, Turner, Venable, Ward, Washington, Whitford, Wil- 
liams, Woodfin and Wooten — 75. 

So the amendment was not agreed to. 

Mr. Warren offered the following amendment, to come in at 
the end of the ordinance : 

" Declaring, nevertheless, that as the power conferred through 
said Constitution on the Confederate Government emanates from 



18G1.] STATE CONVENTION. 71 

the people of the several States in their separate sovereign 
capacity, said powers may be rescinded in the same manner in 
which they are delegated, whenever they shall be perverted to 
the injury of the people ; each State, by her delegates in Con- 
vention, having the right to judge of the occasion that may 
require such action." 

On this question the ayes and noes were ordered, on motion 
of Mr. Warren, and resulted as follows : 

Ayes — Messrs. Allison, Barnes, Batchelor, Battle of Edge- 
combe, Battle of Wake, Bond, Calloway, Cannon, Christian, 
Councill, Dillard, Eller, Green, Hicks, Houston of Duplin. 
Mann, McDowell of Bladen, Mitchell, Moseley, Shaw, Speed, 
Spruill of Bertie, Strong, Thompson, Warren and Whitford — 26. 

Noes — Messrs. Armfield, Arrington, Ashe, Badger, Berry, 
Biggs, Brodnax, Brown, Bunting, Carson, Craige, Cunningham, 
Darden, Davidson, Dick, Douthitt, Durham, Edwards, Ellison, 
Ferebee, Foster of Ashe, Fuller, Gilmer, Gorrell, Graham, 
Greenlee, Grimes, Hamlin, Hargrove, Hearne, Headen, Henkel, 
Holden, Holmes, Houston of Union, Howard, Johnston of Gas- 
ton, Johnston of Mecklenburg, Jones of Caldwell, Jones of 
Rowan, Kittrell, Lander, Leak of Anson, Leak of Richmond, 
Long, Manning, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Meares, Mebane, 
Merritt, Miller, Moody, Myers, Osborne, Penland, Pettigrew, 
Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, Satter- 
thwaite, Shipp, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Sprouse, Spruill of Tyrrell, Stewart, Sutherland, 
Thomas of Carteret, Thomas of Jackson, Thornton, Tracy, 
Turner, Venable, Walton, Ward, Washington, Williams, Wilaon, 
Woodfin and Wooten — 88. 

So the amendment was not agreed to. 

The question then recurring on the amendment recommended 
by the committee. 

Mr. Ruffin moved to amend the same by adding to the fir3t 
clause thereof, the words, " the terms of which appears in a 
schedule hereto annexed," which was agreed to. 



72 JOURNAL OF THE [June 6, 

As amended, the amendment proposed by the committee was 
then agreed to, upon a call of the ayes and noes, ordered on 
the motion of Mr. Spruill, of Bertie, as follows : 

Ayes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
Battle of Edgecombe, Battle of Wake, Berry, Bond, Brodnax, 
Brown, Cannon, Christian, Cunningham, Darden, Davidson, 
Dick, Douthitt, Eller, Ellison, Ferebee, Fuller, Gilmer, Gorrell, 
Graham, Grimes, Hearne, Headen, Hicks, Holden, Houston of 
Union, Howard, Johnston of Mecklenburg, Jones of Caldwell, 
Jones of Rowan, Kittrell, Leak of Anson, Leak of Ricnmond, 
Long, Mann, Manning, McDowell of Madison, McNeill of 
Harnett, Mebane, Merritt, Mitchell, Myers, Osborne, Patter- 
son, Penland, Pettigrew, Phifer, Rayner, Rhodes, Ruffin, San- 
ders, Satterthwaite, Shipp, Smith of Halifax, Smith of John- 
ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Stewart, Strong, Thomas of Carteret, 
Thomas of Jackson, Turner, Walton, Warren, Washington, 
Whitford and Wilson— 76. 

Noes — Messrs. Arrington, Ashe, Biggs, Bunting, Calloway, 
Carson, Councill, Craige, Dillard, Durham, Edwards, Foster of 
Ashe, Foy, Green, Greenlee, Hamlin, Hargrove, Henkel; 
Holmes, Houston of Duplin, Johnston of Gaston, McDowell of 
Bladen, McDowell of Burke, McNeill of Cumberland, Meares, 
Miller, Moody, Moseley, Reid, Royster, Shaw, Sutherland, 
Thompson, Thornton, Tracy, Venable, Ward, Williams, Wins- 
low, Woodfin and Wooten — 41. 

The question then recurring upon the ordinance as amended, 
the ayes and noes were ordered, on motion of Mr. Spruill, of 
Bertie, and resulted as follows, being unanimously in the affir- 
mative : 

Ayes — Messrs. Allison, Arrington, Armfield, Ashe, Badger, 
Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
Berry, Biggs, Bond, Brodnax, Brown, Bunting, Calloway, Can- 
non, Carson, Christian, Councill, Craige, Cunningham, Darden, 
Davidson, Dick, Dillard, Douthitt, Durham, Edwards, Eller, 
Ellison, Ferebee, Foster of Ashe, Foy, Fuller, Gilmer, Gorrell, 
Graham, Green, Greenlee, Grimes, Hamlin, Hargrove, Hearne, 



1861.] STATE CONVENTION. 7:'. 

Headen, Henkel, Hicks, Holden, Holmes, Houston of Duplin, 
Houston of Union, Howard, Johnston of Gaston, Johnston of 
Mecklenburg, Jones of Caldwell, Jones of Rowan, Kittrell, 
Lander, Leak of Anson, Leak of Richmond, Long, Mann, 
Manning, McDowell of Bladen, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, McNeill of Harnett, 
Meares, Mebane, Merritt, Miller, Mitchell, Moody, Moseley, 
Myers, Osborne, Patterson, Penland, Pettigrew, Phifer, Rayner, 
Reid, Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Shaw, 
Shipp, Smith of Halifax, Smith of Johnston, Smith of Macon, 
Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, 
Strong, Sutherland, Thomas of Carteret, Thomas of Jackson, 
Thompson, Thornton, Tracy, Turner, Venable, Walton, Ward, 
Warren, Washington, Whitford, Williams, Wilson, Winslow, 
Woodfin and Wooten — 117. 

Then, by universal consent, the ordinance was put on its third 
reading, passed, and Avas ordered to be enrolled. 

And then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Friday, June 7, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

Mr. Headen offered the following, which lies over one day : 

Resolved, That a committee be appointed to inquire if any, 
and if any, what amendments are proposed to be made to the 
Constitution of the State, in relation to the property qualifica- 
tions for office, and that they report by ordinance or otherwise. 

Mr. Graham offered the following, which lies over one day 
under the rule : 

Resolved, That the Comptroller of public accounts be directed 
to lay before this Convention a tabular statement, exhibiting 
the public taxes paid into the Treasury from each county for 
the five years preceding the first day of November, 1860, dis- 
tinguishing the several subjects from which such taxps were 
10 



74 JOURNAL OF THE [June 7. 

derived, and the amount received from each subject respectively 
in each year. 

Mr. Thomas, of Jackson, offered the following, which lies 
over one day under the rule : 

Resolved, That the committee on Military Affairs be instructed 
to inquire into the expediency of sanctioning, by the passing 
of an ordinance or resolution, the appointment of additional 
clerks to aid in the execution of the laws of the Military Board, 
Adjutant and Assistant Adjutant General, Quartermaster and 
Assistant Quartermaster General, and that they report a reso- 
lution or ordinance to effect the object, if by them deemed advi- 
sable, to promote the public interest. 

Mr. Houston, of Duplin, offered the following, which was 
agreed to : 

Resolved, That the committee on Finance be instructed to 
inquire whether the act of the last General Assembly, author- 
izing and providing for the issue of Treasury notes, ought not 
to be, in some respects, modified or altered by this Convention, 
and that they report what alterations are necessary at as early 
a day as practicable. 

Mr. Ashe presented the following : 

Whereas, This Convention did, on the sixth day of June, 
1861. ratify and adopt the Constitution of the Confederate 
States of America, adopted by the delegates of the States of 
South Carolina, Georgia, Florida, Alabama, Mississippi, Louis- 
iana and Texas, in Convention assembled, at Montgomery, in 
the State of Alabama, on the eleventh day of March, 1861, 
and subsequently ratified by said States ; and to avoid all mis- 
apprehensions as to our opinion in regard to the form of govern- 
ment thus inaugurated, and believing that this declaration is 
consistent with said Constitution, this Convention doth now 
declare, that as the powers conferred through said Constitution 
on the Confederate Government emanated from the people of 
the several States, in their separate sovereign capacity, said 
powers may be resumed in the same manner in which they were 
delegated, whenever they shall be perverted to the injury of the 
people, each State, by her delegates in Convention, having the 
right to judge of the occasion that may require such action. 



1861.] STATE CONVENTION. 75 

Mr. Ashe moved that the rules be suspended in order that 
the Convention may now consider the resolution, and on this 
motion the ayes and noes were ordered, and resulted as follows : 
Ayes 49, noes 53. 

Ayes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Carson, Craige, Cunningham, Darden, Dillard, 
Durham, Edwards, Foy, Fuller, Green, Grimes, Hargrove, 
Hicks, Holmes, Houston of Duplin, Johnston of Gaston, Lan- 
der, Leak of Richmond, McDowell of Bladen, McDowell of 
Burke, McDowell of Madison, McNeill of Cumberland, McNeill 
of Harnett, Miller, Moody, Moseley, Penland, Phifer, Reid, 
Rhodes, Royster, Ruffin, Shaw, Stewart, Strong, Sutherland, 
Thompson, Thornton, Tracy, Turner, Ward, Williams, Woodfin 
and Wooten — 49. 

Noes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
Wake, Berry, Bond, Brodnax, Calloway, Cannon, Christian, 
Councill, Davidson, Dick, Douthitt, Eller, Ellison, Foster of 
Ashe, Gilmer, Gorrell, Graham, Greenlee, Hamlin, Headen, 
Hearne, Holden, Houston of Union, Johnston of Mecklenburg, 
Jones of Rowan, Leak of Anson, Long, Mann, Manning, Mer- 
ritt, Myers, Patterson, Rayner, Sanders, Sattertlrwaite, Smith 
of Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
Walton, Warren, Washington, Whitford and Wilson — 53. 

Two-thirds not voting therefor, the rule was not suspended. 

On motion, the resolutions introduced yesterday by Messrs. 
Smith of Macon, Wilson, Hamlin, Smith of Johnston and 
Armfield, were severally referred to appropriate committees. 

On motion of Mr. Gorrell, four thousand copies of the Rules 
of War for the army of the Confederate States were ordered 
to be printed for the use of the volunteer force of this State. 

On motion of Mr. Green, the resolution relating to the 
appointment of delegates to the Confederate Congress, was 
then taken up. 

Mr. Spruill, of Bertie, offered the following amendment 
thereto, " that eight delegates be elected by the people, one 
from each Congressional District, and two for the State at large, 
to be elected by this Convention." 



76 JOURNAL OF THE [June 7, 

Pending the consideration of which, on motion, the whole 
subject was referred to a select committee, consisting of Messrs. 
Green, Spruill of Bertie and Barnes. 

The ordinance in relation to a Board of Claims was then 
up, when Mr. Spruill, of Bertie, moved to recommit, with 
instructions " to report an amendment striking out the names 
of the members of the board, and referring their selection to 
a vote of this Convention," which, was agreed to. 

Mr. Thomas, of Jackson, offered the following, which was 
agreed to : 

Resolved, That a committee of seven be appointed to inquire 
into the expediency of amending the 41st section of the Con- 
stitution in relation to Common Schools. 

On motion of Mr. Smith, of Halifax, the ordinance in rela- 
tion to the defence of the seaboard counties was then taken up 
on its third reading, whereupon the Convention proceeded to 
sit with closed doors, and so continued until the hour of recess. 



4 O'clock, T. M. 

The Convention re-assembled with closed doors, the same 
being its condition at the hour of recess, and so remained until 
a late period of the session, when the doors were opened. 

Mr. Thomas, of Jackson, moved that the Convention adjourn. 

On this question the ayes and noes were ordered, on motion 
of Mr. Barnes, and resulted as follows: Ayes 34, noes 69. 

Ayes — Messrs. Allison, Batchelor, Battle of Edgecombe, 
Bunting, Darden, Dillard, Edwards, Eller, Gorrell, Grimes, 
Holmes, Houston of Duplin, Howard, Johnston of Gaston, Jones 
of Rowan, Lander, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Merritt, Mitchell, Osborne, Pat- 
terson, Penland, Ruffin, Shaw, Sutherland, Thomas of Jackson, 
Thompson, Tracy, Turner, Williams, Woodfin and Wooten — 34. 

Noes — Messrs. Armfield, Arrington, Badger, Barnes, Battle 
of Wake, Berry, Biggs, Bond, Brodnax, Brown, Calloway, 
Cannon, Carson, Christian, Councill, Cunningham, Davidson, 



1861.] STATE CONVENTION. 7T 

Dick, Douthitt, Durham, Ellison, Ferebee, Foster of Ashe. 
Foster of Randolph, Foy, Fuller, Graham, Green, Greenlee, 
Hamlin, Hargrove, Headen, Hearne, Hicks, Holden, Houston 
Union, Jones of Caldwell, Kittrell, Long, Manning, McDowell 
of Burke, Mebane, Miller, Moody, Moseley, Pettigrew, Phifer, 
Rayner, Reid, Royster, Sanders, Satterthwaite, Smith of Hali- 
fax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Stewart, Strong, Thomas 
of Carteret, Thornton, Venable, Walton, Ward, Washington, 
Whitford and Wilson— 69. 

So the Convention refused to adjourn. 

The ordinance for the defense of the seaboard counties of 
the State, having been further considered. 

Mr. Howard moved that the Convention adjourn, which wan 
not agreed to, upon a call of the ayes and noes, ordered on 
motion of Mr. Foy, as follows : 

Ayes — Messrs. Allison, Battle of Edgecombe, Bunting, Car- 
son, Darden, Edwards, Fuller, Holmes, Houston of Duplin, 
Howard, Johnston of Gaston, Johnston of Mecklenburg, Jones 
of Rowan, Kittrell, Lander, Manning, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Merritt, Osborne, 
Patterson, Penland, Phifer, Rayner, Reid, Rhodes, Ruffin, Sat- 
terthwaite, Shaw, Stewart, Strong, Sutherland, Thomas of 
Jackson, Thompson, Thornton, Tracy, Turner, Walton, Wil-' 
liams, Woodfin and Wooten — 42. 

Noes — Messrs. Armfield, Arrington, Badger, Barnes, Bateli- 
elor. Battle of Wake, Berry, Biggs, Bond, Brown, Cal- 
loway, Cannon, Councill, Cunningham, Davidson, Dick, Dil- 
lard, Douthitt, Durham, Ellison, Ferebee, Foster of Ashe, 
Foster of Randolph, Foy, Gorrell, Graham, Greenlee, Grimes, 
Hargrove, Headen, Hearne, Hicks, Holden, Jones of Caldwell, 
Long, McDowell of Burke, Meares, Miller, Moody, Moseley, 
Pettigrew, Royster, Sanders, Smith of Halifax, Smith of John- 
ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Thomas of Carteret, Venable, Ward, Wash- 
ington, Whitford and Wilson — 56. 



7 JOURNAL OF THE [June 7, 

Mr. Thomas, of Carteret, then moved the following amendment 
to the ordinance under consideration — strike out all after the 
ordaining clause and insert as follows : " That the Governor be 
instructed to have detailed one regiment of cavalry, one regi- 
ment of artillery, and four regiments of infantry, either volun- 
teers or State troops, of those already raised or to be raised, 
for the defense of the seacoast of the State," which was not 
agreed to. 

Mr. Houston, of Duplin, moved that the whole subject be 
laid on the table, on which the ayes and noes were ordered, on 
motion of Mr. Speed, and resulted as follows : 

Ayes — Messrs. Biggs, Bunting, Carson, Cunningham, Dar- 
den, Durham, Edwards, Hargrove, Houston of Duplin, John- 
ston of Gaston, Jones of Rowan, Lander, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, Moseley, Os- 
borne, Penland, Reid, Rhodes, Royster, Shaw, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
Williams, Woodfin and Wooten — 33. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
Brown, Calloway, Cannon, Christian^ Councill, Davidson, Dick, 
Dillard, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, 
Foster of Randolph, Foy, Gorrell, Graham, Greenlee, Headen, 
Hearne, Hicks, Holden, Holmes, Houston of Union, Howard, 
Long, Manning, McNeill of Harnett, Meares, Merritt, Miller, 
Moody, Pettigrew. Phifer, Ruffin, Sanders, Satterthwaite, Smith 
of Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
Turner, Venable, Walton, Ward, Washington, Whitford and 
Wilson — 61. 

So the motion did not prevail. 

Mr. Batchelor moved that the subject be postponed till Tues- 
day next, and be made the special order for twelve o'clock on 
that day. 

On this the ayes and noes were ordered, on motion of Mr. 
Badger, and resulted in the negative, as follows : 



1861.] STATE CONVENTION. 7'.' 

Ayes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
Bunting, Garson, Cunningham, Darden, Dillard, Durham, Ed- 
wards, Hargrove, Holmes, Howard, Johnston of Gaston, Jones 
of Rowan, Lander, McDowell of Burke, McDowell of Madison. 
McNeill of Harnett, Moody, Myers, Osborne, Penland", Phifer, 
Reid, Rhodes, Royster, Ruffin, Shaw, Strong, Thomas of 
Jackson, Thornton, Tracy, Turner, Venable and Woodfin — 37. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, Chris- 
tian, Councill, Davidson, Dick, Douthitt, Eller, Ellison, Fere- 
bee, Foster of Ashe, Foster of Randolph, Foy, Fuller, Gorrell, 
Graham, Green, Greenlee, Hamlin, Headen, Holden, Long, 
Mann, Manning, Mearcs, Merritt, Miller, Moseley, Pettigrew, 
Rayner, Sanders, Satterthwaite, Smith of Halifax, Smith of 
Johnston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Stewart, Sutherland, Thomas of Carteret, 
Walton, Ward, Warren, Washington, Whitford, Williams and 
Wilson— 58. 

Mr. Shaw moved that the Convention do now adjourn, and 
on this motion, the ayes and noes were ordered, on motion of 
Mr. Badger, and resulted as follows: 

Ayes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs. 
Bunting, Carson, Darden, Durham, Edwards, Gorrell, Greenlee, 
Holmes, Houston of Duplin, Howard, Johnston of Gaston, 
Jones of Rowan, Lander, Long, McDowell of Burke, McDowell 
of Madison, Miller, Osborne, Penland, Reid, Rhodes, Ruffin, 
Shaw, Stewart, Strong, Thomas of Jackson, Thornton, Tracy, 
Turner, Venable, Williams and Woodfin — 36. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
Christian, Councill, Cunningham, Davidson, Dick, Dillard, 
Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster of 
Randolph, Foy, Fuller, Graham, Green, Grimes, Hamlin, Har- 
grove, Headen, Holden, Mann, Manning, McNeill of Harnett, 
Meares, Merritt, Moseley, Myers, Pettigrew, Royster, Sanders, 
Satterthwaite, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 



-80 JOURNAL OF THE [June 7, 

Sutherland, Thomas of Carteret, Walton, Ward, Warren, Wash- 
ington, Whitford and Wilson — 57. 

So the Convention refused to adjourn. 

Mr. Thomas, of Jackson, moved to amend the ordinance 
under consideration, by an additional section, as follows : 

Be it further ordained. That the Governor be, and he is 
hereby authorized to raise from the counties west of the Blue 
Ridge, three regiments of volunteers to aid in defending the 
passes in the Iron or Smoky Mountain, for the purpose of 
preventing western North Carolina from falling into the hands 
of the enemy, 

And it was not agreed to. 

Mr. Howard moved the following as a substitute for the 
ordinance : 

Be it ordained, That the Governor be, and he is hereby 
authorized and requested to issue his proclamation, calling for 
four regiments — one of cavalry and three of irv/antry — from 
the counties of Northampton and Brunswick, and the counties 
lying on and east of the Wilmington and Weldon Railroad, to 
be detailed specially for coast defense; the said volunteers 
to be a part of the volunteers called for by the Act of the 
General Assembly, entitled "An Act to provide for the public 
defense," and to be subject to all the provisions of said Act. 

On this amendment the ayes and noes were orderered, on 
motion of Mr. Thomas, of Jackson, and resulted in the nega- 
tive, as follows : 

Ayes — Messrs. Ashe, Biggs, Brown, Bunting, Carson, Cun- 
ningham, Darden, Dillard, Durham, Edwards, Fuller, Hargrove, 
Holmes, Howard, Johnston of Gaston, Jones of Rowan, Lan- 
der, McDowell of Burke, McDowell of Madison, Miller, 
Moseley, Myers, Osborne, Penland, Phifer, Reid, Rhodes, 
Royster, Shaw, Stewart, Strong, Sutherland, Thomas of Jack- 
son, Thornton, Tracy, Turner, Venable, Ward and Woodfin — 38. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
Calloway, Cannon, Christian, Councill, Davidson, Dick, Dou- 
thitt, Ellison, Ferebee^ Foster of Ashe. Foy, Gorrell, Graham, 



1861.] STATE CONVENTION. 81 

Green, Greenlee, Hamlin, Headen, Hicks, Holden, Houston of 
Union, Long, Mann, Manning, McNeill of Harnett, Meares, 
Merritt, Pettigrew, Ruffin, Sanders, Satterthwaite, Smith of 
Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Walton, Warren, Wash- 
ington, Whitford, Williams and Wilson — 54. 

So the substitute was not agreed to. 

The question recurring upon the passage of the ordinance 
upon its third reading, 

Mr. Pettigrew moved to amend by striking out the following 
words : " Provided the same can be raised from that portion of 
the State, and if not, then from any other portion of the State," 
which was agreed to. 

Mr. Ruffin moved to amend by striking out the words, " one 
regiment of artillery," which was agreed to ; and on his motion, 
the number of infantry was increased to four regiments instead 
of three. 

Mr. Barnes offered the following amendment, which was 
agreed to: "Provided the Governor be permitted to retain the 
volunteers now stationed at the various points, or ordered there, 
as a portion of the proposed regiments." 

The question again recurring upon the passage of the ordi- 
nance on its third reading, the ayes and noes were ordered, on 
motion of Mr. Thomas, of Jackson, and resulted as follows: 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, Chris- 
tian, Councill, Davidson, Dick, Dillard, Douthitt, Eller, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Foy, Puller, 
Gorrell, Graham, Green, Grimes, Hamlin, Headen, Hicks, 
Holden, Holmes, Jones of Caldwell, Long, Mann, Manning, 
McNeill of Harnett, Merritt, Myers, Pettigrew, Sanders, Sat- 
terthwaite, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
Thomas of Carteret, Venable, Walton, Ward, Warren, Wash- 
ington, Whitford and Wilson — 58. 

Noes — Messrs. - Batchelor, Battle of Edgecombe, Biggs, Bun- 
ting, Carson, Cunningham, Darden, Durham, Edwards, Green- 
11 



82 JOURNAL OF THE [June 8, 

lee, Hargrove, Hearne, Houston of Union, Howard, Johnston 
of Gaston, Lander, McDowell of Burke, McDowell of Madison, 
Miller, Moseley, Osborne, Penland, Rayner, Reid, Rhodes, 
Royster, Ruffin, Shaw, Stewart, Strong, Sutherland, Thomas of 
Jackson, Thornton, Tracy, Turner, Williams and Woodfin — 36. 

So the ordinance passed its third reading, and was ordered to 
be enrolled. 

On motion of Mr. Badger, the Convention adjourned. , 



IN CONVENTION, Saturday. June 8, 1861. 

The President took the chair and called the Convention to 
order. Prayer by Rev. H. II. Durant, of the M. E. Church, 
South, and chaplain of the 5th regiment S. C. V. 

The journal of yesterday was read and approved. 

The President announced the following committees : 

On Soldiers' Suffrage : Messrs. Smith of Johnston, Holmes, 
Jones of Rowan, Cunningham and Arrington. 

On 31st Section of the Constitution : Messrs. Armfield, Leak 
of Richmond, Thomas of Jackson, Brown and Stewart. 

Messrs. Houston, of Duplin, and Thompson, asked and obtained 
leave to have it stated on the journal that if present yesterday 
on the passage of the ordinance relating to seaboard defenses, 
they would have voted in the negative. 

On motion of Mr. Myers, leave of absence was granted to 
Mr. Leak, of Anson, for three days. 

Mr. Batchelor obtained leave of absence for two days. 

Mr. Moody obtained leave to have it recorded that he would 
have voted "aye" on the passage of the ordinance* relating to 
the coast defenses. 

Mr. Ferebee offered a resolution in the nature of an ordinance 
to establish a Court of Claims* which lies over one day for con- 
sideration. 

Mr. Washington offered the following, which lies over one 
day : 



1861.] STATE CONVENTION. 83 

Resolved, That the Assistant Adjutant General report to this 
Convention, on "Wednesday next, the number of companies, each, 
volunteer and State troops, that have been tendered and received, 
with the names of the officers ; also the number in each com- 
pany, and where stationed, up to the 7th inst. ; also the number 
of companies of each kind that have been tendered and that 
were not full up to the same time, and from what counties. 

Resolved, That he report, at the same time, what has been 
done and what progress made in organizing the militia of this 
State. 

On motion of Mr. Biggs, it was agreed, by unanimous con- 
sent, that, after the hour of recess to-day, the Convention will 
not meet again until Monday. 

Mr. Thomas, of Jackson, offered the following, which lies 
over one day under the rule : 

Resolved, That the committee on taxation and revenue inquire 
into the expediency of changing the basis of representation, so as 
to make it conform to any change that may be made in the 
mode of taxation. 

Mr. Spruill, of Bertie, from the committee on the resolution 
relating to the election of delegates to the Confederate Con- 
gress, made a report, which, the rules having been suspended, 
the Convention proceeded to consider. The following is the 
resolution reported by the committee : 

Resolved, That the Convention will, on Wednesday next, at 
12 o'oclock, proceed to elect, viva voce, two deputies to repre- 
rent the State at large in the Congress of the Confederate States 
of America, and will provide by ordinance, for the election, by 
the people, of eight other deputies, one from each of the 
Congressional districts as they now exist by law. 

Mr. Osborne moved to amend as follows : Strike out all after 
the word "and," in the fourth line, and insert, "that the 
Convention elect eight other deputies to the Confederate Con- 
gress, one from each of the Congressional districts of the State, 
as those districts are now arranged by law, and the election of 
the eight deputies for the Congressional districts, to be by 
separate viva voce vote." 



84 JOURNAL OF THE [June 8, 

Mr. Speed moved the following, which was not agreed to : 
Provided that this Convention will not elect any member of this 
Convention to represent the State of North Carolina in the 
Provisional Congress of the Confederate States. 

Mr. Wilson moved to amend by striking out all of said reso- 
lution which provides for representatives from the State at large, 
which was not agreed to. 

Mr. Biggs offered the following amendment : Strike out all 
after the word "resolved," and insert as follows: "That this 
Convention will proceed, on Wednesday next, at 12 o'clock, M., 
to the election of five Commissioners to represent this State in 
the Congress of the Confederate States of America," which 
was not agreed to. 

The question recurring on the amendment of Mr. Osborne, 
the ayes and noes were ordered thereon, on motion of Mr. 
Spruill, of Bertie, and resulted in the affirmative, as follows : 

Ayes — Messrs. Arlington, Ashe, Badger, Barnes, Batchelor, 
Battle of Edgecombe, Biggs, Brown, Bunting, Carson, Councill, 
Darden, Durham, Fuller, Gorrell, Greenlee, Grimes, Hamlin, 
Hearne, Hicks, Holmes, Houston of Duplin, Houston of Union, 
Johnston of Gaston, Johnston of Mecklenburg, Jones of Cald- 
well, Jones of Rowan, Lander, Leak of Richmond, McDowell 
of Burke, McDowell of Madison, McNeill of Cumberland, Mc- 
Neill of Harnett, Meares, Mebane, Miller, Moody, Moseley, 
Osborne, Patterson, Penland, Phifer, Rayner, Reid, Rhodes, 
Ruffin, Satterthwaite, Smith of Halifax, Stewart, Sutherland, 
Tracy, Turner, Venable, Ward, Washington, Williams, Woodfm 
and Wooten — 59. 

Noes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
Bond, Brodnax, Calloway, Cannon, Davidson, Dick, Dillard, 
Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster of 
Randolph, Graham, Hargrove, Headen, Holden, Kittrell, Long, 
Mann, Manning, Merritt, Mitchell, Pettigrew, Sanders, Shaw, 
Shipp, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Strong, Thomas of Carteret, Thomas of Jack- 
son, Thompson, Thornton, Walton, Warren and Wilson — 43. 



1861.] STATE CONVENTION. 85 

The resolution, as amended, then passed its second reading. 

The rules being suspended, the resolution was put on its third 
reading, passed and ordered to be enrolled. 

Mr. Rayner, from the Committee on Finance, made a report 
on the ordinance recommitted, with instructions, proposing a 
substitute therefor, which, by consent, having been read the 
second time, Mr. Ruffin moved to fill the blank in the third 
section with the words, "fifteenth day of March." 

Mr. Smith, of Halifax, moved that the ordinance be recom- 
mitted. 

Pending the consideration of which, the floor was yielded to 
Mr. Fuller, who moved to reconsider the vote of yesterday, by 
which the Convention passed the ordinance to provide for the 
seaboard defense. 

The motion of Mr. Smith, of Halifax, was then further con- 
sidered, until the hour arrived, and the Convention adjourned 
to 10 o'clock Monday morning. 



IN CONVENTION, Monday, June 10, 1861. 

The President called the Convention to order. 

The journal of Saturday was read and approved. 

James E. Williamson, delegate elect from Caswell County to 
fill the vacancy occasioned by the resignation of Captain John 
A. Graves, appeared, produced his credentials, and took his 
seat. 

The President announced the following committees : 

On Basis of Representation : Messrs. Thomas of Jackson, 
Brown, Sanders, Holmes and Carson. 

On Constitutional Amendments in regard to Common Schools : 
Messrs. Thomas of Jackson, Brodnax, Battle of Wake, Miller 
and Bunting. 

Wm. Johnston, Esq., one of the delegates from Mecklenburg, 
tendered L his resignation, to take effect from and after Friday 
next, the urgency of his duties as Commissary General making 
it necessary. 



86 JOURNAL OF THE [June 10, 

On motion of Mr. Osborne, the President was directed to 
isBiie his writ of election to the Sheriff" to hold an election to 
fill the vacancy thus created on Saturday, 15th inst. 

Mr. Reid, from the committee on the meeting of the General 
Assembly, made a report, accompanied by an ordinance, pro- 
viding for a regular session of the Legislature on the 25th 
inst., which lies over, under the rule, and was ordered to be 
printed. 

Mr. Ferebee made a minority report from the same committee. 

On motion of Mr. Manning, the two reports were made the 
order of the day for to-morrow at 12 o'clock. 

Mr. Howard, from the Committee on Military Affairs, reported 
back to the Convention the resolution in relation to six months 
volunteers, proposing certain amendments thereto, and recom- 
mending its passage. * 

Mr. Biggs offered a resolution fixing the compensation of the 
officers of the Convention, and providing for the auditing the 
expenses contingent upon its sessions, which lies over one day 
for consideration. 

Mr. Kittrell offered a resolution asking certain information 
of the Governor in relation to the reported landing of Lincoln's 
troops upon the coast of this State ; which, by consent, was 
immediately considered and agreed to. 

Mr. Sprouse offered a resolution proposing a committee to 
inquire into the propriety of some constitutional amendment in 
relation to free persons of color ; which lies over one day under 
the rule. 

Mr. Smith, of Macon, introduced an ordinance to authorize 
the Governor to raise three regiments from counties west of the 
Blue Ridge, to defend the passes of the Iron or Smoky Moun- 
tains, which lies over one day under the rules, and was ordered 
to be printed. 

Mr. Ellison offered a resolution proposing to raise a commit- 
tee to inquire into the propriety of substituting the words, 
"free white persons," in the place of "freemen," in the bill of 
rights ; and also, whether amendments to the Constitution are 
not necessary in regard to free persons of color ; which lies 
over one day, and was ordered to be printed. 



1861.] STATE CONVENTION. 87 

On motion of Mr. Biggs, the resolution providing for a recess 
of the Convention, was then taken up and made the order of 
the day for to-morrow at 4 o'clock, P. M. 

Mr. Battle, of Wake, offered a resolution proposing certain 
amendments to the rules, which lies over one day. 

The ordinance pending 3'estcrday at the hour of recess, was 
then considered, the pending question being the motion to re- 
commit ; when, by consent, Mr. Myers offered an amendment to 
the ordinance, which, together with the whole subject, was 
re-committed to the committee. 

The resolution of Mr. Headen in regard to the property 
qualifications for office, was then taken up and agreed fo. 

Mr. Ferebee's resolution in regard to a Court of Claims was 
then taken up, and, on motion of Mr. Badger, ordered to lie on 
the table. 

The resolution in regard to the basis of Representation, the 
resolution relating to the payment of Sheriffs for holding elec- 
tions for members of the Convention, and the resolution asking 
information of the Comptroller of Public Accounts, were sever- 
ally taken up and adopted. 

The resolution of Mr. Thomas, of Jackson, in regard to the 
employment of more Clerical force in certain Departments, was 
ordered to lie on the table. 

The President laid before the Convention a communication 
from the Governor, in response to the resolution moved by Mr. 
Kittrell, which was ordered to lie on the table and be printed. 

On motion of Mr. Johnston, of Mecklenburg, the ordinances 
to amend the second section of the fourth article of the amend- 
ments to the Constitution were then taken up for consideration, 
and after some time spent thereon, 

Mr. Ferebee moved that the further consideration of the 
subject be postponed until the next session, and on this question 
the ayes and noes were ordered, on motion of Mr. Meares, and 
resulted as follows : 

Ayes — Messrs. Armfield, Badger, Battle of Wake, Berr} r , 
Biggs, Brodnax, Calloway, Cannon, Council], Davidson, Dillard, 
Douthitt, Edwards, Eller, Ellison, Ferebee, Foster of Ashe. 



88 JOURNAL OF THE [June 10, 

Gilmer, Hamlin, Headen, Hicks, Holden, Jones of Caldwell, 
Mann, Pettigrew, Sanders, Satterthwaite, Sliipp, Smith of 
Halifax, Smith of Johnston, Smith of Macon, Speed, -Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
Walton and Wilson— 38. 

Noes — Messrs. Allison, Arrington, Barnes, Battle of Edge- 
combe, Carson, Cunningham, Durham, Foster of Randolph, 
Fuller, Graham, Greenlee, Grimes, Hargrove, Hearne, Holmes, 
Houston of Duplin, Howard, Johnston of Gaston, Johnston of 
Mecklenburg, Jones of Rowan, Kittrell, Lander, Leak of Rich- 
mond, Long, McDowell of Burke, McDowell of Madison, 
McNeill' of Cumberland, Meares, Merritt, Miller, Mitchell, 
Moseley, Myers, Osborne, Patterson, Penland, Rayner, Reid, 
Rhodes, Royster, Shaw, Stewart, Strong, Sutherland, Thomas of 
Jackson, Thompson, Thornton, Tracy, Turner, Venable, Ward, 
Williams, Williamson, Winslow, Woodfin and Wooten — 56. 

The subject was then made the special order of the day for 
to-morrow at eleven o'clock. 

Mr. Battle, of Wake, introduced a resolution asking informa- 
tion of the Governor in regard to appointments to office, and 
other matters relating thereto, which lies over one day under 
the rule. 

The hour having arrived, the Convention took a recess until 
4 o'clock. 



4 O'clock, P. M. 

The Convention having re-assembled, 

On motion of Mr. Rayner, the ordinance heretofore reported 
by him to amend the Constitution, so that not less than one-fifth 
of the members of each House of the General Assembly should 
have the right to demand the ayes and noes, was then taken up 
and passed its first reading. 

The rules were suspended and the ordinance then passed its 
second reading. 



1861.] STATE CONVENTION. 89 

On motion of Mr. Biggs, the resolution offered by him this 
morning in regard to the compensation of the officers of this Con- 
vention, was taken up, amended, and passed the second reading. 

The following committees were announced by the President : 

On the 12th and 13th Sections of the Bill of Rights and 
Free Persons of Color : Messrs. Ellison, Holden, Dick, William- 
son and Batchelor. 

On Property Qualification for Office : Messrs. Headen, How- 
ard, Satterthwaite, v Strong and Mitchell. 

Then, on motion of Mr. Satterthwaite, the Convention 
adjourned. 



IN CONVENTION, Tuesday, June 11, 1861. 

The Convention was called to order by the President. Prayer 
by Rev. Joel W. Tucker, of the M. E. Church, South. 

The journal of yesterday was read and approved. 

A. H. Joyce, Esq., Delegate elect from Stokes county to fill 
the vacancy occasioned by the death of Hon. John Hill, appeared, 
produced his credentials, and took his seat in the Convention. 

The President laid before the Convention a letter from Col, 
Wharton J. Green, of Warren county, tendering to the State of 
North Carolina a marble bust, by Powers, of the late Hon. 
John C. Calhoun. 

Whereupon, on motion of Mr. Venable, a committee, con- 
sisting of Messrs. Venable, Craige and Smith, of Halifax, was 
appointed to receive the same and make arrangements for its 
formal presentation to the Convention this afternoon, at 4 
o'clock. 

Mr. Houston, of Duplin, offered a resolution to allow certain 
delegates, elected to fill vacancies, to affix their signatures to 
the ordinance of secession, which lies over one day under the 
rule. 

Mr. Arrington offered a resolution providing for an increase 
of the pay of privates in the service of the State, which lies 
over one day under the rule. 
12 



90 JOURNAL OF THE [June 11, 

Mr. Graham introduced an ordinance to provide for the dis- 
position of State troops and volunteers, raised under the Acts 
of the General Assembly, of the 8th and 10th of May, 1861, 
which passed its first reading, was ordered to be printed, and 
made the special order for Thursday next, at 12 o'clock, M. 

Mr. Biggs offered the following, which lies over one day under 
the rule : 

Resolved, That the Committee on Military Affairs be in- 
structed to inquire into the expediency of reducing the present 
compensation allowed all officers, while engaged in the service 
of this State. 

The resolution of Mr. Sprouse in regard to free persons of 
color was then taken up, and, on motion of Mr. Badger, 
ordered to lie on the table. 

Mr. Ruffin offered an" ordinance to amend the Constitution of 
the State in regard to Bills of Credit, which lies over one day 
for consideration. 

On motion of Mr. Ferebee, his resolution in regard to a 
Court of Claims, which had been laid on the table, was then 
taken up. f 

Mr. Badger moved that it be indefinitely postponed ; pend- 
ing the consideration of which, the hour set apart for the spe- 
cial order arrived, and the Convention proceeded to the consid- 
eration of the ordinance relating to the religious tests for 
office. 

The pending question being the amendment offered by Mr. 
Rayner, the same was put to a vote of the Convention, and not 
agreed to. 

The question then recurred on the original ordinance. 

Mr. Ruffin moved to amend as follows : Strike out all after 
the word, " God," and insert, " or the divine authority of both 
the Old and New Testaments ; or who shall hold religious opin- 
ions incompatible with the freedom and safety of the State, 
shall be capable of holding any office or place of trust or profit 
in the civil department within this State." 

Mr. Biggs called for a division of the question, whereupon 
the President put the question first upon striking out. 



1861.1 STATE CONVENTION. 91 

On this question the ayes and noes were ordered, on motion 
of Mr. Biggs, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arlington, Ashe, Badger, 
Barnes, Batchelor, Battle of Wake, Berry, Biggs, Bond, Brod- 
nax, Brown, Bunting, Calloway, Carson, Councill, Cunningham, 
Harden, Davidson, Dick, Dillard, Douthitt, Durham, Eller, 
Ellison, Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, 
Graham, Graves, Green, Greenlee, Grimes, Hargrove, Headen, 
Hearne, Henkel, Hicks, Holden, Houston of Union, Jones of 
Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Richmond, 
Long, Mann, McDowell of Burke, McNeill of Cumberland, 
Merritt, Mitchell, Moody, Moseley, Osborne, Penland, Petti- 
grew, Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, 
Shaw, Shipp, Smith of Halifax, Speed, Sprousc, Spruill of 
Bertie, Spruill of Tyrrell, Sutherland, Thomas of Jackson, 
Thompson, Turner, Venable, Walton, Warren, Washington, 
Williamson, Wilson, Woodfin and Wooten — 84. 

Noes — Messrs. Battle of Edgecombe, Cannon, Fuller, Gor- 
rell, Houston of Duplin, Howard, Johnston of Gaston, John- 
ston of Mecklenburg, Lander, McDowell of Madison, McNeill 
of Harnett, Meares, Miller, Smith of Johnston, Stewart, Thorn- 
ton, Tracy, Williams and Winslow — 20. 

The question then recurring on the insertion of the words 
proposed by Mr. Ruffin, the ayes and noes were ordered, on 
motion of Mr. Biggs, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
Battle of Edgecombe, Battle of Wake, Berry, Bond, Brodnax, 
Bunting, Calloway, Carson, Councill, Cunningham, Darden, 
Davidson, Dick, Dillard, Douthitt, Durham, Edwards, Eller. 
Ellison, Foster of Ashe, Foster of Randolph, Fuller, Gilmer. 
Graham, Green, Greenlee, Grimes, Headen, Hearne, Henkel, 
Hicks, Holden, Holmes, Houston of Duplin, Houston of Union, 
Howard, Johnston of Gaston, Johnston of Mecklenburg, Jones 
of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Rich- 
mond, Long, Mann, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Merritt, Miller, Mitchell, Moody, 
Moseley, Osborne, Phifer, Reid, Ruffin, Sanders, Shipp, Smith 



92 JOURNAL OF THE [June 11, 

of Halifax, Smith of Macon, Sprouse, Spruill of Bertie, Suth- 
erland, Thomas of Carteret, Thomas of Jackson, Thompson, 
Thornton, Tracy, Turner, Venable, Walton, Warren, Washing- 
ton, Williamson, Wilson, Winslow, Woodfin and Wooten — 84. 
Noes — Messrs. Arrington, Ashe, Biggs, Brown, Cannon, 
Ferebee, Gorrell, Hargrove, Lander, McDowell of Burke, 
Meares, Penland, Pettigrew, Rayner, Rhodes, Royster, Shaw, 
Smith of Johnston, Speed, Spruill of Tyrrell, Stewart and 
Williams— 22. 

The question recurring upon the passage of the ordinance as 
amended, 

Mr. Biggs moved the following amendment : Strike out all 
after the ordaining clause, and insert, "no religious test shall 
ever be required as a qualification to any office or public trust 
in this State." 

On this amendment the ayes and noes were ordered, on 
motion of Mr. Biggs, and resulted in the negative, as follows : 
Ayes — Messrs. Arrington, Ashe, Battle of Edgecombe, 
Biggs, Brown, Cannon, Carson, Cunningham, Darden, Dillard, 
Durham, Edwards, Hargrove, Lander, McDowell of Burke, 
McDowell of Madison, McNeill of Harnett, Penland, Rayner, 
Reid, Rhodes, Royster, Sanders, Shaw, Smith of Johnston, 
Speed, Spruill of Tyrrell, Stewart, Thomas of Carteret, Thomp- 
son, Walton, Williams and Winslow— 33. 

Noes — Messrs. Armfield, Badger, Barnes, Batchelor, Battle 
of Wake, Berry, Bond, Brodnax, Bunting, Calloway, Councill, 
Davidson, Dick, Douthitt, Eller, Ellison, Ferebee, Foster of 
Ashe, Foster of Randolph, Fuller, Gilmer, Gorrell, Graham, 
Green, Greenlee, Grimes, Headen, Hearne, Henkel, Hicks, 
Holmes, Houston of Duplin, Houston of Union, Howard, John- 
ston of Gaston, Johnston of Mecklenburg, Jones of Caldwell, 
Jones of Rowan, Joyce, Kittrell, Leak of Richmond, Long, Mc- 
Neill of Cumberland, Meares, Merritt, Miller, Mitchell, Moody, 
Moseley, Osborne, Pettigrew, Phifer, Ruffin, Shipp, Smith of 
Halifax, Smith of Macon, Sprouse, Spruill of Bertie, Suther- 
land, Thornton, Tracy, Turner, Venable, Warren, Washington, 
Williamson, Wilson, Woodfin and Wooten — 69. 



1861.] STATE CONVENTION, 93 

The question again recurring on the passage of the ordinance 
as amended, on the second reading, the ayes and noes were 
ordered, on motion of Mr. Lander, and resulted in the affirmative, 
as follows: 

Ayes — Messrs. Allison, Armfield, Arrington, Ashe, Badger, 
Barnes, Batchelor, Battle of Edgecombe, Battle of Wake. 
Berry, Biggs, Bond. Brodnax, Brown, Bunting, Calloway, Car- 
son, Councill, Cunningham, Darden, Davidson, Dick, Dillard, 
Douthitt, Durham, Edwards, Eller, Ellison, Foster of Ashe, 
Foster of Randolph. Fuller, Gilmer, Graham, Green, Greenlee, 
Grimes, Hargrove, Headen, Hearne, Henkel, Hicks, Holmes, 
Houston of Duplin, Houston of Union, Howard, Johnston of 
Gaston, Johnston of Mecklenburg, Jones of Caldwell, Jones 
of Rowan, Joyce, Kittrell, Lander, Leak of Richmond, Lon< T . 
Mann, McDowell of Burke, McDowell of Madison, McNeill of 
Cumberland, McNeill of Harnett, Meares, Merritt, Miller, 
Mitchell, Moody, Moseley, Myers, Osborne, Penland, Phifcr. 
Rayner, Reid, Rhodes, Royster, Ruffin, Shaw, Shipp, Smith of 
Halifax, Smith of Macon, Speed, Spruill of Bertie, Stewart, 
Sutherland, Thomas of Carteret, Thompson, Thornton, Tracy, 
Turner, Venable, Warren, Washington, Williams, Williamson, 
Wilson, Winslow, Woodfin and Wooten — 96. 

Noes — Messrs. Cannon, Ferebee, Gorrell, Pettigrew, San- 
ders, Smith of Johnston, Sprouse, Spruill of Tyrrell and Wal- 
ton— 9. 

The Convention then took a recess until 4 o'clock, P. M. 



•4 O'clock, P. M. 

The Convention re-assembled and proceeded to the consider- 
ation of the special order, being the resolution of Mr. Biggs in 
relation to a recess of the Convention. 

Mr. Biggs moved to fill the blank in the resolution with 
•'Tuesday next at 6, A. M." 

Mr. Arrington moved to amend the amendment by striking 
out "Tuesday next," and inserting, "Wednesday, the 25th 
instant." 



94 JOURNAL OF THE [June 11, 

Mr. Barnes moved to postpone the further consideration of 
the subject until to-inorrow at 4 o'clock, P. M. 

Mr. Pettigrew moved that it. lie on the table, which motioh 
did not prevail. 

Mr. Meares moved a call of the' House, which was not 
agreed to. 

The question recurred on the motion of Mr. Barnes, and it 
was agreed to. 

Mr. Venable, from the committee on the subject, appointed 
this morning, reported the following resolutions : 

Resolved, That this Convention accepts the bust of the late 
Honorable John C. Calhoun, presented to the State of North 
Carolina by Col. Wharton J. Green, and orders that the same 
be placed in a suitable niche in the Senate Chamber of the 
Capital. 

Resolved, That the thanks of the Convention are due to 
Col. Green for this memorial of a patriot and Statesman, whose 
name is so justly honored in the memory of his countrymen. 

The resolutions were unanimously agreed to, and the com- 
mittee was charged with carrying out the order of the Conven- 
tion. 

On motion of Leak, of Richmond, the resolutions and the 
letter of Col. Green were ordered to be printed. 

Mr. Rayner, from the Committee on Finance, to whom it was 
recommitted, reported an ordinance to provide for a Board of 
Claims, and recommended its passage. 

On motion, the Convention then resolved itself into a Com- 
mittee of the Whole, Mr. Satterthwaite in the chair, and pro- 
ceeded to consider the ordinance just reported. 

After some time spent therein, the Committee rose and 
reported the ordinance back to the Convention, with a recom- 
mendation that it do pass. 

Mr. Durham moved to amend as follows : Strike out all after 
the word, "ordained," and insert, "That the County Court 
shall have power to appoint a Board of Claims, whose duty it 
shall be to examine and pass upon all claims for their respective 
counties, and report the same to the Paymaster General, under 



11.] STATE CONVENTION. 

the seals of their respective counties, for payment," which was 
not agreed to. 

Mr. Batchelor moved that the Convention adjourn, which 
motion did not prevail. 

The question recurred on the passage of the ordinance on 
its second reading, and it was agreed to. 

The rules were suspended, and the ordinance put on its third 
reading. 

Mr. Rayner moved to amend by inserting after the word, 
"no," the words, "county or corporation," which was agreed to. 

Mr. Ruffin moved to amend by striking out the word, " No- 
vember," in the last section, and inserting the word, "Decem- 
ber," in lieu thereof, which was agreed to. 

The ordinance then passed the third reading, and was ordered 
to be enrolled. 

Mr. Badger offered the following, which lies over one day 
under the rule : 

Resolved, That a seat in the Confederate Congress and a seat 
in this Convention being incompatible, the acceptance of the 
former shall vacate the latter. 

And then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Wednesday, June 12, 1801. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Thomas E. Skinner, of the Baptist 
Church. 

The journal of yesteiday was read and approved. 

The President laid before the Convention a communication 
from C. II. Brogden, Comptroller of public accounts, in response 
to a resolution of the body, which was read, referred to the 
committee of Finance, and ordered to be printed. 

Mr. Smith, of Johnston, introduced an ordinance to amend 
the Constitution of the State, so as to provide that the Judges 
of the Superior Courts of Law and Equity shall hereafter be 



96 JOURNAL OF THE [June 12, 

elected by the qualified voters of the House of Commons, 
which passed its first reading, and was ordered to be printed. 

On motion of Mr. Arrington, the resolution heretofore intro- 
duced by him to increase the pay of privates in the army, was 
taken up for consideration. 

Mr. Biggs moved to refer the resolution to the committee on 
Military Affairs. 

Mr. Satterthwaite moved to amend the motion by instructing 
said committee to inquire Avhether the rate of compensation to 
officers and privates is now fixed at the proper sum, which 
motion prevailed, and the motion, as amended, was agreed to. 

The resolution declaring the incompatibility of a seat in the 
Convention with a seat in the Confederate Congress, then passed 
its second reading, on a call of the ayes and noes, ordered, on 
motion of Mr. Badger, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Battle of Edgecombe, Battle of Wake, Berry, Bond, Brodnax, 
Brown, Cannon, Carson, Christian, Councill, Craige, Cunning- 
ham, Darden, Davidson, Dick, Dilliard, Douthitt, Durham, 
Edwards, Ellison, Ferebee, Foster of Ashe, Foster of Randolph. 
Foy, Fuller, Gilmer, Gorrell, Graham, Green, Greenlee, Grimes, 
Headen, Hearne, Henkel, Hicks, Holden, Houston of Duplin, 
Houston of Union, Howard, Jones of Rowan, Joyce, Kittrell, 
Lander, Leak of Anson, Leak of Richmond, Long, Mann, 
Manning, McDowell of Bladen, McNeill of Cumberland, Mc- 
Neill of Harnett, Merritt, Miller, Mitchell, Moody, Moseley, 
Myers, Osborne, Patterson, Penland, Pettigrew, Phifer, Rayner, 
Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Shipp, Smith 
of Halifax, Smith of Johnston, Speed, Sprouse, Spruill of 
Bertie, Spruill of Tyrrell, Stewart, Sutherland, Thomas of 
Carteret, Tracy, Turner, Walton, Ward, Warren, Washington, 
Williams, Williamson, Wilson and Wooten — 93. 

Noes — Messrs. Ashe, Batchelor, Biggs, Bunting, Hargrove, 
Holmes, Johnston of Gaston, Johnston of Mecklenburg, Mc- 
Dowell of Burke, McDowell of Madison, Meares, Reid, Shaw 7 
Thompson, Thornton, Venable, Winslow and Woodfin — 18, 



1861.] STATE CONVENTION. 97 

The resolution of Mr. Ashe, declaring the opinion of the 
Convention in regard to the character of the government of 
i he Confederate States, Was then taken up on its second reading. 

Mr. Satterthwaite moved that it lie on the table, and on 
this question the ayes and noes were ordered, on motion of Mr. 
Ashe, and resulted in the negative, there being a tie vote, as 
follows : 

Ayes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
Wake, Bond, Brodnax, Brown, Calloway, Cannon, Christian, 
Councill, Davidson, Dick, Douthitt, Eller, Ellison, Ferebee. 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
Headen, Hearne, Holden, Houston of Union, Jones of Cald- 
well, Jones of Rowan, Joyce, Kittrell, Leak of Anson, Long, 
Mann, Manning, Mitchell, Myers, Pettigrew, Rayner, Ruffin. 
Sanders, Satterthwaite, Shipp, Smith of Halifax, Smith of 
Johnston, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
Thomas of Carteret, Walton, Warren, Washington. Williamson 
and Wilson — 55. 

Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Bunting, Carson, Craige, Cunningham, Darden, 
Dillard, Durham, Edwards, Foy, Fuller, Green, Grimes, Har- 
grove, Henkel. Hicks, Holmes, Houston of Duplin, Howard, 
Johnston of Gaston, Johnston of Mecklenburg, Lander, Leak 
of Richmond, McDowell of Bladen, McNeill of Cumberland, 
McNeill of Harnett, Meares, Merritt, Miller, Moody, Moseley, 
Osborne, Patterson, Penland, Phifer, Reid, Rhodes, Royster, 
Sha w, Stewart, Sutherland, Thompson, Thornton, Tracy, Turner, 
Venable, Ward, Williams, Winslow, Woodfin and Wooten — 55. 

The question then recurred on the passage of the resolution. 
Mr. Ashe demanded the ayes and noes, which were ordered. 

Mr. Ellison then called for the special order, being the ordi- 
nance relating to the meeting of the General Assembly. 

Mr. Batchelor moved to postpone the same for half an hour : 
and on this question the ayes and noes were ordered, on motion 
of Mr. Badger, and resulted in the negative, as follows : 

Ayes — Messrs. Arrington, Ashe, Batchelor, Bunting, Carson, 
Craige. Cunningham, Darden, Dillard, -.Fuller, Hargrove, Holmes, 
13 



98 JOURNAL OF THE [June 12, 

Houston of Duplin, Johnston of Gaston, Lander, Leak of Rich- 
mond, McDowell of Madison, McNeill of Cumberland, Mc- 
Neill of Harnett, Moselcy, Penland, Reid, Rhodes, Royster, 
Shaw, Stewart, Sutherland, Thompson, Thornton, Turner, Ven- 
able, Williams, Winslow, Woodfin and Wootcn — 34. 

Noes — Messrs. Allison, Armfield, Badger, Barnes, -Battle of 
Edgecombe, Battle of Wade, Berry, Biggs, Bond, Brodnax, 
Brown, Calloway, Cannon, Christian, Councill, Davidson, Dick, 
Douthitt, Durham, Edwards, Eller, Ellison, Ferebee, Foster of 
Ashe, Foster of Randolph, Foy, Gilmer, Gorrell, Graham, 
Green, Grimes, Headen, Hearne, Henkel, Hicks, Holden, 
Houston of Union, Howard, Johnston of Mecklenburg, Jones 
of Caldwell, Jones of RoAvan, Joyce, Kittrell, Leak of Anson, 
Long, Mann, Manning, McDowell of Bladen, McDowell of 
Burke, Meares, Merritt, Miller, Mitchell, Moody, Patterson, 
Pettigrew, Phifer, Rayner, Ruffin, Sanders, Satterthwaite, 
Shipp, Smith of Halifax, Smith of Johnston, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
Tracy, Walton, Ward, Warren, Washington, Williamson and 
Wilson— 76. 

The special order was then taken up. 

Mr. Ferebee offered the following amendment : Strike out all 
after the ordaining clause, and insert, "That the General 
Assembly, elected on the first Thursday in August, 1860, be, 
and the same is hereby dissolved." 

Be it further ordained, That the Governor be directed to 
issue his proclamation, declaring said General Assembly, dis- 
solved, and that he order an election to be held on the first 
Thursday in August next for members of the Legislature, and 
that they assemble in Raleigh, in regular session, on the third 
Monday in November next. 

Mr. Biggs offered the following amendment to the amend- 
ment : Strike out all after the word "that," in the first line, 
and insert, " The resolution of the General Assembly adjourn- 
ing the special session thereof, until the 25th inst., be, and the 
Bame is hereby repealed, and the said General Assembly shnll 
meet in regular session at such time after the 20th of July, 



1861.] STATE CONVENTION, 99 

1861, during this year, as may be appointed by the Governor, 
of which he shall make proclamation. 

Be it further grdained, That the Governor shall, by procla- 
mation, immediately notify the members of the General Assem- 
bly of the above ordinance. 

Mr. Howard moved to postpone the consideration of the sub- 
ject until Saturday next, at 12 o'clock, pending the considera- 
tion of which motion, the hour arrived, and the Convention took 
a recess until 4 o'clock, P. M. . 



1 O'clock, P. M. 

The Convention re-assembled and resumed the business pend- 
ing at the hour of recess. After some time spent therein, 

The President laid before the Convention the following com- 
munication from His Excellency, Gov. Ellis, with the accom- 
panying official report of Col. D. H. Hill, commanding the 
first regiment of North Carolina Volunteers, which, on motion 
of Mr. Moseley was ordered to be spread upon the journal: 

Executive Office, 12th June, 1861. 
To the Honorable President, 

and members of the Convention : 

Gentlemen : I have the pleasure to transmit herewith an 
official dispatch fiom Col. D. H. Hill, commanding the 1st 
Regiment of N. C. Volunteers, giving a detailed account of a 
signal victory achieved over the enemy near Hampton, Va., in 
which the North Carolina Regiment bore a prominent part. 

I would avail myself of this opportunity to ask of the Con- 
vention the privilege of tendering to the gallant commander of 
the regiment, and the brave officers and men under his com- 
mand, those testimonials of approbation most grateful to a sol- 
dier's feelings. 

I would respectfully recommend Col. Hill as worthy of pro- 
motion to the rank of Brigadier General, and thai a full Brig- 



100 JOURNAL OF THE [June 12, 

ade be at once placed under his command. Other recommend- 
ations will be made when further particulars are received. 
Respectfully submitted, 

JOHN W. ELLIS. 

Yokktown, Ya., June 11th, 1861. 

Honorable John W. Ellis, 

Governor of North Carolina : 
• Sir : I have the honor to l'eport that eight hundred of my 
regiment and three hundred and sixty Virginians, were engaged 
for five and a half hours with four and a half regiments of the 
enemy, at Bethel Church, near Hampton. The enemy made 
three distinct and well sustained charges, but were repulsed 
with heavy loss. Our cavalry pursued them for six miles, 
when their retreat became a total rout. Fearing that heavy 
reinforcements would be sent from Fortress Monroe, we fell 
back at nightfall upon our works at Yorktown. I regret to 
report the loss of one man killed, (private Henry L. Wyatt, of 
the Edgecombe Guards,) and several wounded. The loss pf 
the enemy, by their own confession, was one hundred and fifty, 
but it may safely be estimated at two hundred and fifty. 

Our regiment behaved most gallantly. Not a man shrunk 
from his post or showed symptoms of fear. 

When more at leisure. I will give you a detailed report of 
operations. 

Our Heavenly Father has most wonderfully interposed to 
shield our heads in the day of battle. Unto Him be all the 
praise for our success. 

With great respect, 

D. H. HILL, 

Col. 1st Reg. N. C. V. 

The above having been read amidst the almost unrestrained, 
enthusiasm of the Convention, 

On motion of Mr. Badger, it was ordered unanimously that 
the President be requested to present to His Excellency, the 
Governor, the sincere and hearty thanks of this Convention 



1861,] STATE CONVENTION, 101 

for his message, and the highly gratifying dispatch of Col. 
Hill, and to assure him of the readiness with which this Con- 
vention will co-operate with him in offering any testimonial of 
honor and grateful acknowledgements to that gallant comman- 
der, and the officers and men under his command, which His 
Excellency may be pleased to recommend. 

On motion of Mr. Biggs, it was ordered that 3200 copies of 
the message and dispatch be printed for the members of this 
Convention. 

On motion, it was ordered that when the Convention adjourn 
to-day, it adjourn to meet on Friday, at 10 o'clock. 

On motion of Mr. Spruill, of Bertie, a committee was ap- 
pointed, consisting of Messrs. Spruill, of Bertie, Rayner ami 
Barnes, to make arrangements for illuminating the Capitol and 
grounds in honor of the brilliant victory achieved by our gal- 
lant troops. 

And then, on motion, the Convention adjourned to Friday, 
10 o'clock, to-morrow being the day set apart by President 
Davis as a day of prayer and thanksgiving to Almighty God 
for His protection and blessings to our people and nation. 



IN CONVENTION, Friday. June 14, 1861. 

The President took the -chair and called the Convention to 
order. 

The journal of Wednesday was read and approved. 

The President laid before the Convention the following letter 
from His Excellency, Jefferson Davis, President of the Con- 
federate States, which was read and ordered to be spread upon 
the journal: 

Richmond, Va., June 11th, 1861. 
Hon. Weldon N. Edwards, 

President of the Convention of North Carolina : 
Sir: I have received, through His Excellency, John W. 
Ellis, Governor of North Carolina, a copy of an ordinance 



102 JOURNAL OF THE [June 14, 

passed by, the Convention of North Carolina, vesting in the 
Confederate States of America, jurisdiction over certain tracts 
of land in the town of Fayetteville and County of Cumber- 
land. Looking hopefully to the day when in arms and all 
things necessary to maintain our rights, we may be independent, 
I am, respectfully and truly yours, 

JEFFERSON DAVIS. 

On motion of Mr. Ruffin, the letter, with all matters per- 
taining to the cession of forts, dockyards, and other public 
property, was referred to a special committee, consisting of 
Messrs. Ruffin, Graham, Rayner, Gorrell and Shaw. 

Mr. Strong, from the Committee on Enrollments, reported 
the following ordinance as having been examined and found 
correct, viz : an ordinance touching the authentication of ordi- 
nances and other acts of this Convention ; and the same was 
signed by the President and attested by the Secretary and 
Assistant Secretary. 

Mr. Battle, of Wake, offered the following which lies over 
one day : 

Resolved, That a committee be raised to inquire into the 
propriety of the passage of an ordinance allowing Elizabeth 
Chavis, and her infant child, free persons of color, of Wake 
county, to become the slaves of Dr. B. F. Graham, of said 
county. 

Mr. Miller offered the following, which lies over one day : 

Resolved, That no delegate to this Convention shall speak 
more than thirty minutes on any one subject, unless by the 
unanimous consent of the Convention. 

Mr. Smith, of Halifax, moved to take up the motion, made 
several days ago by Mr. Fuller, to reconsider the vote by which 
the Convention passed the ordinance to provide for the defense 
of the seaboard counties of the State, which motion prevailed. 

The question being, will the Convention agree to reconsider ? 

Mr. Badger moved that the motion to reconsider be laid on 
the table, on which the ayes and noes were ordered, on motion 
of Mr. Speed, and resulted in the negative, us [fellows : 



1861.] -TATE CONVENTION. L03 

Ayes — Messrs. Allison, Armfiela, Arrington; Badger, Barnes, 
Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
Christian, Councill, Davidson, Dick, Dillard, Douthitt, Eller, 
Ellison, Ferebec, Foster of Ashe, Foster of Randolph, Foy, 
Gilmer, Gorrell, Graham, Green, Ileadcn, Ilolden, Jones of 
Caldwell, Joyce, Kittrcll, Leak of Richmond, Long, Mann, 
Merritt, Mitchell, Pettigrew, Sanders, Smith of Halifax, Smith 
of Johnston, Smith of Macon, Speed, Spruill of Bertie, Spruill 
of Tyrrell, Walton, Ward and Wilson— 48. 

Noes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
Brodnax, Bunting, Carson, Craige, Cunningham,' Darden, Dur- 
ham, Edwards, Fuller, Greenlee, Grimes, Hargrove, Hearne, 
Henkel, Hicks, Holmes, Houston of Union, Howard, Johnston 
of Gaston, Lander, McDowell of Bladen, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Meares, Miller, Moseley, Patterson, Penland, Phifer, 
Reid, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Sprouse, 
Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
Thornton, Tracy, Turner, Venable, Williams, Williamson, 
Woodfin and Wooten — 55. 

The question recurring on the motion to reconsider, it was 
decided in the affirmative, the ayes and noes being ordered, on 
motion of Mr. Barnes, as follows : 

Ayes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
Bunting, Carson, Councill, Craige, Cunningham, Darden, Dur- 
ham, Edwards, Fuller, Greenlee, Grimes, Hargrove, Hearne, 
Henkel, Hicks, Holmes, Houston of Union, Howard, Johnston 
of Gaston, Lander, McDowell of Bladen, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Meares, Miller, Moseley, Patterson, Penland, Phifer, 
R.eid, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Sprouse, 
Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
Thornton, Tracy, Turner, Venable, Williams, Williamson, 
Woodfin and Wooten — 55. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Battle of Wake, Berry, Bond, Brodnax, Brown; Calloway, 
Cannon, Christian, Davidson, Dick. Dillard, Douthitt, Eller, 



104 JOURNAL OF THE [June 14, 

Ellison, Ferebee, Foster of Ashe, Foster of Randolph, Foy, 
Gilmer, Gorrell, Graham, Green, Holclen, Jones of Caldwell, 
Joyce, Kittrell, Leak of Richmond, Long, Mann, Merritt, 
Mitchell, Moody, Pettigrew, Sanders, Smith of Halifax, Smith 
of Johnston, Smith of Macon, Speed, Spruill of Bertie, Spruill 
of Tyrrell, Walton, Ward and Wilson— 48. 

The question recurring upon the passage of the ordinance 
on its third reading, the same was considered until the hour 
arrived for the special order, being the ordinance relating to 
the meeting of the General Assembly. 

Mr. Barnes moved to postpone the special order until the 
pending question was disposed of; during the discussion of 
which motion, the hour arrived and the Convention took a 
recess until 4 o'elock, P. M. 



' 4 O'clock, P. M. 

The Convention re-assembled, when, by consent", Mr. Spruill, 
of Bertie, made a report from the committee of arrangements 
illuminating the Capitol, recommending a postponement of the 
matter for the present, which was read and laid upon the table. 

The Convention then resumed the consideration of the motion 
of Mr. Barnes, which was pending at the hour of recess, and 
after some time spent therein, the motion was agreed to, and 
the question being on the final passage of the ordinance, the 
ayes and noes were ordered, on motion of Mr. Barnes, and 
resulted in the negative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes. 
Battle of Wake, Berry, Bond, Brodnax, Brown, Calloway, Can- 
non, Christian, Davidson, Dick, Dillard, Douthitt, Eller, Elli- 
son, Ferebee, Foster of Ashe, Foster of Randolph, Foy, Gilmer, 
Gorrell, Graham, Green, Headen, Holden, Jones of Caldwell, 
Kittrell, Leak of Anson, Long, Mann, Meares, Mitchell, Myers, 
Pettigrew, Sanders, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, 
Thomas of Carteret. Walton, Ward, Warren and Wilson — 50, 



18G1.J STATE CONVENTION. 105 

Noes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
Bunting, Carson, Councill, Craige, Cunningham, Darden, Dur- 
ham, Edwards, Greenlee, Grimes, Hargrove, Hearne, Henkel, 
Hicks, Holmes, Houston of Union, Howard, Johnston of Gas- 
ton, Jones of Rowan, Joyce, Lander, Leak of Richmond, Mc- 
Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Miller, Moseley, 
Penland, Phifer, Reid, Rhodes, Royster, Ruffin, Satterthwaite, 
Shaw, Sprouse, Stewart, Strong, Sutherland, Thomas of Jack- 
son, Thompson, Thornton, Tracy, Turner, Venable, Williams, 
Williamson, Woodfin and Wooten — 55. 

Then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Saturday, June 15, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

Mr. Venable, from the Committee on Military Affairs, 
reported an ordinance to amend the military laws of the State, 
which was ordered to lie on the table and be printed. 

Mr. Ruffin, from the committee on that subject, reported an 
ordinance to amend the Constitution of the State, touching the 
subjects of taxation, revenue, and the public debt, which passed 
the first reading, and was ordered to be printed, and made the 
special order of the day for Tuesday next at 11 o'clock. 

Mr. Sanders introduced an ordinance to amend the third 
section of the fourth article of amendments to the Constitution, 
which passed its first reading, and was ordered to be printed. 

Mr. Howard, from the committee on Military Affairs, to 
whom the subject had been referred, made an adverse repout 
on the resolutions relating to a change in the pay of officers 
and soldiers, which lies on the table one day for consideration. 

Mr. Woodfin, from the committee on Finance, made a majority 
report on the subject of the issue of Treasury notes, which lies 
over one day. 

14 



106 JOURNAL OF THE [June 15, 

Mr. Rayner gave notice that the minority would present its 
views when the subject came up for consideration. 

Mr. Rayner, from the same committee, to whom had been 
referred a resolution relating to the payment of Sheriffs for 
holding elections of members of this Convention, made a favor- 
able report thereon, accompanied with an ordinance on that 
subject, which lies over one day for consideration. 

Also, on the resolution authorizing the employment of cleri- 
cal force in the Comptroller's department, to enable that officer 
to furnish the Convention with certain information asked in 
relation to the receipts into the Public Treasury, which, the 
rules being suspended, passed its several readings, and was 
ordered to be enrolled. 

Mr. Ashe presented the proceedings of a public meeting in 
the town of Wilmington, and also the proceedings of the com- 
mittee of safety in the the said town, in relation to the property 
of late citizens of that place who had abandoned the State in 
her hour of peril, and gone into the country of the enemy, 
which were read, and, on his motion, referred to a select com- 
mittee. 

Mr. Howard, from the committee on Military Affairs, intro- 
duced a resolution in favor of L. W. Joyner, clerk of said com- 
mittee, which, by general consent, passed its three several 
readings, and was ordered to be enrolled. 

The Convention then proceeded to the consideration of the 
ordinance relating to the meeting of the General Assembly, 
said ordinance having been set for yesterday, but was super- 
ceded by the ordinance for the seaboard defense. 

Ry consent, Mr. Riggs withdrew the amendment heretofore 
offered by him, and thereupon moved to amend the amendment 
of Mr. Ferebee, by striking out the first section thereof. 

Pending the consideration of this motion, the hour arrived, 
and the Convention took a recess until 4 o'clock, P. M. 



1861.] STATE CONVENTION. 107 

4 O'clock, P. M. 
No quorum being present, on motion, the Convention adjourned 
until Monday, at 10 o'clock, A. M. 



IN CONVENTION, Monday, June 17, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of Saturday was read and approved. 

Mr. Strong, from the Committee on Enrollments, reported the 
following ordinances as having been examined and found cor- 
rect, viz: 

An Ordinance to provide for the appointment of a Board of 
Claims ; 

An Ordinance to dissolve the Union between North Carolina 
and the other States united with her in a compact of govern- 
ment entitled, " The Constitution of the United States ;" 

An ordinance to ratify the Constitution of the Provisional 
Government of the Confederate States of America ; 

Which were severally signed by the President and attested 
by the Secretaries. 

The President announced the following committee on the 
memorial from citizens of Wimington : Messrs. Holmes, Rayner, 
Warren, Battle, of Wake, and Meares. 

Mr. Howard, from the Committee on Military Affairs, reported 
an ordinance to authorize the Governor to confer Brevet rank 
on certain officers for meritorious services ; which passed its 
first reading. 

Mr. Venable offered a resolution to authorize the 1st Regi- 
ment N. C. Volunteers to have the word "Bethel" inscribed* 
upon its banner, which, the rules being suspended, passed its 
three several readings, and was ordered to be enrolled. 

Mr. Biggs moved that when the Convention adjourn on Fri- 
day next, it adjourn to meet on the first Monday in October, 
unless sooner called together by the proclamation of the Presi- 
dent. 



108 JOURNAL OF THE [June 17, 

Pending the consideration of this motion, the hour arrived for 
the special orders of the day. 

Mr. Biggs moved to postpone the same until his motion in 
regard to adjournment was disposed of, and on this question, he 
asked the ayes and noes, which were ordered and resulted in 
the negative, as follows : 

Ayes — Messrs. Arrington, Biggs, Brodnax, Brown, Bunting, 
Carson, Craige, Darden, Dillard, Durham, Edwards, Foy, Green- 
lee, Grimes, Hargrove, Henkel, Howard, Johnston of Gaston, 
Lander, McDowell of Bladen, McDowell of Burke, McDowell 
of Mecklenburg, McNeill of Cumberland, Miller, Penland, 
Phifer, Reid, Rhodes, Royster, Satterthwaite, Shaw, Stewart, 
Strong, Sutherland, Thompson, Thornton, Tracy, Venable, 
Walton, Ward, Williamson, Winslow and Wooten — 43. 

Noes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
Battle of Wake, Bond, Calloway, Cannon, Councill, Davidson, 
Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Fuller, 
Gilmer, Gorrell, Graham, Headen, Hicks, Holden, Houston of 
Union, Jones of Caldwell, Joyce, Kittrell, Leak of Anson, 
Leak of Richmond, Long, Mann, Manning, Meares, Merritt, 
Mitchell, Myers, Patterson, Pettigrew, Rayner, Ruffin, Sanders, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
of Bertie, Spruill of Tyrrell, Turner, Washington, Wilson and 
Woodfin— 52. 

By consent, Mr. Holden introduced an ordinance to amend 
the 4th section of the 4th article of the amendments to the 
Constitution, so as to strike out "United States," and insert, 
"Confederate States," which passed its first reading. 

By consent, Mr. Batchelor introduced an ordinance giving 
certain jurisdiction to the Superior Courts, which passed its 
first reading. 

The unfinished business of Saturday, being the motion of 
Mr. Biggs to amend the amendment of Mr. Ferebee to the 
ordinance relating to the meeting of the General Assembly, by 
striking out the first section thereof, was then taken up and 
considered until the hour of recess. 



1861.] STATE CONVENTION. 109 

4 O'clock, P. M. 

The Convention re-asscmbled and resumed the business pend- 
ing at the hour of recess, the question being on motion of Mr. 
Biggs to amend the amendment of Mr. Ferebee. 

On this question the ayes and noes were ordered, on motion 
of Mr. Biggs, and resulted in the affirmative, as follows : 

Ayes — Messrs. Arrington, Batchelor, Biggs, Brodnax, Brown, 
Bunting, Carson, Craige, Dillard, Durham, Edwards, Foy, 
Fuller, Greenlee, Grimes, Hargrove, Headen, Henkel, Hicks, 
Houston of Union, Howard, Johnston of Gaston, Leak of Rich- 
mond, McDowell of Burke, McDowell of Madison, McNeill of 
Cumberland, McNeill of Harnett, Meares, Merritt, Miller, Pat- 
terson, Penland, Reid, Rhodes, Royster, Sanders, Satter- 
thwaite, Shaw, Sprouse, Spruill of Bertie, Stewart, Strong 
Sutherland, Thomas of Jackson, Thornton, Tracy, Turner, 
Venable, Ward, Williams, Williamson, Woodfin and Wooten — 53. 

Noes — Messrs. Allison, Badger, Barnes, Berry, Calloway, 
Cannon, Councill, Davidson, Douthitt, Eller, Ellison, Ferebee, 
Foster of Ashe, Gorrell, Graham, Holden, Leak of Anson, 
Long, Mann, Pettigrew, Smith of Johnston, Spruill of Tyrrell, 
Washington and Wilson — 24. 

Mr. Strong then moved to amend as follows : Strike out the 
last section of Mr. Ferebee's amendment and insert, "that the 
resolution of the General Assembly, adjourning the special 
session thereof to the 25th of June, 1861, be, and the same is 
hereby repealed; and the General Assembly shall meet in 
regular session on the third Monday in August next, unless 
sooner convened by the proclamation of the Governor." 

Mr. Graham asked for a division of the question, which 
being ordered, the question was first put on striking out, and it 
was agreed to. 

The question being then on inserting the amendment of Mr. 
Strong, 

Mr. Graham asked that it be divided so that the two sub- 
stantive propositions therein contained, should be put to a 
separate vote. 



110 JOURNAL OF THE [June 17, 

The President decided that the motion was not in order, 
amounting, in his opinion, to an amendment in the third degree. 

From this decision Mr. Graham took an appeal to the Con- 
vention, and the question being put : " Shall the decision of 
the chair stand as the judgment of the Convention?" it was 
decided in the affirmative. 

The question was then put on the insertion of Mr. Strong's 
amendment, on which the ayes and noes were ordered, on 
motion of Mr. Barnes, and resulted in the negative, as follows : 

Ayes — Messrs. Dillard, Edwards, Fuller, Grimes, McDowell 
of Burke, Meares, Patterson, Penland, Shaw, Stewart, Strong, 
Thornton and Williams — 13. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Wake, Berry, Biggs, Bond, Brodnax, 
Brown, Bunting, Calloway, Cannon, Carson, Councill, Craige, 
Cunningham, Darden, Davidson, Dick, Douthitt, Durham, 
Eller, Ellison, Ferebee, Foster of Ashe, Foy, Gilmer, Gorrell, 
Graham, Hargrove, Headen, Henkel, Hicks, Holden, Houston 
of Union, Howard, Johnston of Gaston, Jones of Caldwell, 
Joyce, Kittrell, Lander, Leak of Anson, Leak of Richmond, 
Long, Mann, McDowell of Bladen, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, 
Mitchell, Moody, Myers, Pettigrew, Phifer, Rayner, Reid, 
Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Smith of 
Johnston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Sutherland, Thomas of Jackson, Thompson, 
Tracy,, Turner, Venable, Walton, Ward, Washington, William- 
son, Wilson, Woodfin and Wooten — 85. 

The question now recurred upon the original proposition of 
Mr. Reid, the Convention having stricken out the whole of Mr. 
Ferebee's amendment and refusing to insert, being tantamount 
to a negative vote. 

Mr. Ruffin moved to amend by striking out all after the 
ordaining clause, and insert, " That the General Assembly shall 
meet at least as often as once in every year, including the pres- 
ent year, and such meeting shall be on the third of November, 
unless they shall by law appoint a different day ; and at its 



1861.] STATE CONVENTION. Ill 

first annual session after the year 1801, and from time to time 
thereafter, shall elect by joint vote of the two Houses, a Sec- 
retary of State, Comptroller, Treasurer and Council of State, 
who shall hold the office for two years." 

A division was called for, and the question was first put on 
striking out ; and it was decided in the affirmative, on a call of 
the. ayes and noes, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Wake, Berry, Bond, Brown, Calloway, 
Cannon, Councill, Davidson, Dick, Douthitt, Eller, Ellison, 
Ferebee, Foy, Gilmer, Gorrell, Graham, Grimes, Headen, Hicks, 
Holden, Houston of Union, Johnston of Gaston, Jones of Cald- 
well, Joyce, Kittrell, Leak of Anson, Leak of Richmond, Long, 
Mann, McDowell of Bladen, McNeill of Harnett, Meares, 
Merritt, Mitchell, Myers, Patterson, Pettigrew, Rayner, Rhodes, 
Ruffin, Sanders, Satterthwaite, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
Stewart, Sutherland, Walton, Ward, Washington, Williams, 
Williamson, Wilson and Woodfin — 64. 

Noes — Messrs. Biggs, Brodnax, Bunting, Carson, Craige, 
Cunningham, Darden, Dillard, Durham, Edwards, Foster of 
Ashe, Fuller, Hargrove, Henkel, Howard, McDowell of Burke, 
McDowell of Mecklenburg, McNeill of Cumberland, Miller, 
Moody, Penland, Phifer, Reid, Royster, Shaw, Strong, Thomas 
of Jackson, Thompson, Thornton, Tracy, Turner, Venable and 
Wooten— 33. 

The question then recurred upon inserting. 

Mr. Ellison moved the following as a substitute for Mr. 
Ruffin's amendment: "That the resolution of the General As- 
sembly, at its last session, providing for an adjourned session 
of the said General Assembly on the 25th of June, 1861, be, 
and the same is hereby abrogated and annulled." 

Mr. Craige moved that the whole subject be laid upon the 
table, on which the ayes and noes were ordered, and resulted 
in the negative, as follows : 

Ayes — Messrs. Arrington, Biggs, Bunting, Craige, Cunning- 
ham, Darden, Dillard, Durham, Fuller, Hargrove, McDo^Yell of 



112 JOURNAL OF THE [June 17, 

Burke, McNeill of Cumberland, Phifer, Reid, Royster, Shaw, 
Strong, Thomas of Jackson, Thornton, Tracy, Turner, Vena- 
ble and Wooten— 23. 

Noes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
Battle of Wake, Berry, Bond, Brodnax, Brown, Calloway, 
Cannon, Carson, Councill, Davidson, Dick, Douthitt, Edwards, 
Eller, Ellison, Fercbee, Foster of Ashe, Foy, Gilmer, Gorrell, 
.Graham, Greenlee, Grimes, Headen, Henkel, Hicks, Holden, 
Houston of Union, HoAvard, Johnston of Gaston, Jones of 
Caldwell, Joyce, Kittrell, Leak of Ashe, Leak of Richmond. 
Long, Mann, McDowell of Bladen, McDowell of Madison, 
McNeill of Harnett, Meares, Merritt, Miller, Mitchell, Moody, 
Myers, Patterson, Penland, Pettigrew, Rayner, Rhodes, Ruffin, 
Sanders, Satterthwaite, Smith of Johnston, Smith of Macon, 
Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, 
Sutherland, Thompson, Walton, Ward, Washington, Williams, 
Williamson, Wilson and Woodfin — 75. 

Mr. Thomas, of Jackson, moved that the Convention adjourn, 
and it was not agreed to. 

The question was then put on the substitute of Mr. Ellison, 
on which the ayes and noes were ordered, on motion of Mr. 
Craige, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Batch- 
elor, Berry, Bond, Brown, Calloway, Cannon, Councill, Cun- 
ningham, Davidson, Dick, Dillard, Douthitt, Eller, Ellison, 
Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, Headen, 
Holden, Houston of Union, Jones of Caldwell, Joyce, Kittrell, 
Leak of Anson, Long, Mann, McNeill of Harnett, Merritt, 
Miller, Mitchell, Myers, Pettigrew, Phifer, Rayner, Sanders, 
Satterthwaite, Smith of Johnston, Smith of Macon, Speed, 
Sprouse, Spruill of Bertie, Spruill of Tyrrell, Walton, Wash- 
ington and Wilson — 51. 

Noes — Messrs. Barnes, Biggs, Brodnax, Bunting, Carson, 
Craige, Durham, Edwards, Foy, Fuller, Grimes, Hargrove, 
Henkel, Hicks, Johnston of Gaston, Leak of Richmond, Mc- 
Dowell of Bladen, McDowell of Burke, McDowell of Mecklen- 
burg, McNeill of Cumberland, Meares, Moody, Patterson, Pen- 



1861.] STATE CONVENTION. 113 

land, Reid, Rhodes, Royster, Ruffin, Shaw, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
Turner, Venable,Williams,Williamson, Woodfin and Wooten — 42. 

Mr. Stewart offered the following amendment : 

Be it further ordained, That the present General Assembly 
shall meet in regular session on the second Monday in Novem- 
ber, 1861 : .Provided, That the Governor shall have power to 
call an extra session at any day the exigencies of the times 
may require. 

Mr. Howard moved that the Convention adjourn, on which 
the ayes and noes were ordered, and resulted in the negative, 
as follows : 

Ayes — Messrs. Bunting, Carson, Craige, Durham, Foy, 
Fuller, Howard, McNeill of Cumberland, McNeill of Harnett, 
Miller, Penland, Phifer, Reid, Rhodes, Ruffin, Shaw, Suther- 
land, Thomas of Jackson, Thornton, Tracy and Turner — 23. 

Noes — Messrs. Allison, Armfield, Arlington, Badger, Barnes, 
Batchelor, Battle of Wake, Berry, Biggs, Bond, Brodnax, 
Brown, Calloway, Cannon, Councill, Cunningham, Davidson, 
Dick, Dillard, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, 
Gilmer, Gorrell, Graham, Hargrove, Headen, Henkel, Hicks, 
Koklen, Houston of Union, Johnston of Gaston, Jones of 
Caldwell, Joyce, Kittrell, Leak of Anson, Leak of Richmond, 
Long, Mann, McDowell of Bladen, McDowell of Burke, Mc- 
Dowell of Madison, Merritt, Mitchell, Moody, Myers, Patter- 
son, Pettigrew, Rayner, Royster, Sanders, Satterthwaite, Smith 
of Johnston, Smith of Macon, Speed, Sprouse, Spruill of Ber- 
tie, Spruill of Tyrrell, Stewart, Strong, Thompson, Venable, 
Walton, Ward, Washington, Williams, Wilson and Woodfin — 70. 

The question was then put on Mr. Stewart's amendment, on 
which the ayes and noes were ordered, on his motion, and 
resulted in the negative, as follows : 

Ayes — Messrs. Biggs, Bunting, Carson, Craige, Cunningham, 
Dillard, Durham, Foy, Greenlee, Hargrove, Henkel, Howard, 
Johnston of Gaston, Leak of Richmond, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, Miller, Moody, 
Patterson, Penland, Reid, Rhodes, Royster, Ruffin, Shaw, 
15 



114 JOURNAL OF THE [June 17, 

Stewart, Strong, Thompson, Thornton, Tracy, Turner, Venable, 
Ward, Williams, Woodfin and Wooten — 37. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Berry, Bond, Brodnax, Brown, Calloway, Cannon, 
Councill, Davidson, Dick, Eller, Ellison, Ferebee, Foster of 
Ashe, Gilmer, Gorrell, Graham, Headen, Hicks, Holden, Hous- 
ton of Union, Jones of Caldwell, Joyce, Kittrell, Leak of 
Anson, Long, Mann, McDowell of Bladen, McNeill of Harnett, 
Merritt, Mitchell, Myers, Pettigrew, Phifer, Rayner, Sanders, 
Satterthwaite, Smith of Johnston, Smith of Macon, Speed, 
Sprouse, Spruill of Bertie, Spruill of Tyrrell, Walton, Wash- 
ington and Wilson — 51. 

Mr. Craige moved that the Convention adjourn, on which 
the ayes and noes were ordered on his motion, and resulted in 
the negative, as follows : 

Ayes — Messrs. Brown, Bunting, Carson, Craige, Durham, 
Edwards, Foy, Fuller, Johnston of Gaston, McDowell of Mad- 
ison, McNeill of Cumberland. McNeill of Harnett, Moody, 
Patterson, Penland, Reid, Rhodes, Ruffin, Shaw, Thomas of 
Jackson, Thornton, Tracy, Turner and Venable — 24. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Wake, Berry, Biggs, Bond, Brodnax, Cal- 
loway, Cannon, Councill, Cunningham, Davidson, Dick, Dillard, 
Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Gilmer, Gor- 
rell, Graham, Hargrove, Headen, Henkel, Hicks, Holden, 
Houston of Union,. Jones of Caldwell, Joyce, Kittrell, Leak of 
Anson, Leak of Richmond, Long, Mann, McDoAvell of Bladen, 
McDowell of Burke, Meares, Merritt, Miller, Mitchell, Myers. 
Pettigrew, Phifer, Rayner, Royster, Sanders, Sattertrnvaite, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, ' Spruill 
of Bertie, Spruill of Tyrrell, Stewart, Strong, Sutherland, 
Thompson, Walton, Washington, Williams, Williamson, Wilson, 
Woodfin and Wooten — 69. 

The question being now the passage of the ordinance, as 
amended, its second reading, it was agreed to. 

Mr. Ferebee moved to suspend the rules and put the ordi- 
nance on its third reading. 



1861.] STATE CONVENTION. 115 

Mr. Badger moved that the subject be postponed and made 
the special order for to-morrow at half past ten o'clock, and it 
was agreed to. 

And then, on motion of Mr. Graham, the Convention ad- 
journed. 



IN CONVENTION, Tuesday, June 18, 1861. 

At the usual hour the President took the chair and called the 
Convention to order. 

The journal of yesterday was read and approved. 

P. C. Caldwell, delegate elect from Mecklenburg county, to 
fill the vacancy occasioned by the resignation of Col. William 
Johnston, appeared, produced his credentials and took his seat 
in the Convention. • 

Mr. Smith, of Johnston, from the committee to whom the 
subject was referred, reported an ordinance to extend the right 
of suffrage to our volunteers while on duty out of the respective 
counties in which they are entitled to vote, which passed its 
first reading, and was ordered to be printed. 

Mr. Howard, from the committee on Military Affairs, reported 
an ordinance to pay the militia of the State when in actual 
service. 

Also, an ordinance to facilitate the organization of ten 
thousand State troops, which passed its first reading, and was 
ordered to be printed. 

Mr. Gilmer, from the committee on Representation, reported 
an ordinance amendatory of the Constitution of the State upon 
that subject, which passed its first reading, and was 'ordered to 
be printed. 

Mr. Batchelor introduced an ordinance to amend the Consti- 
tution of the State, so as to provide for annual sessions of the 
General Assembly, which passed its first reading, and was 
ordered to be printed. 

Mr. Washington, by consent, withdrew a resolution hereto- 
fore introduced by him, asking certain information in regard to 



116 JOURNAL OF THE [June 18, 

the number and disposition of State troops and volunteers, and 
in lieu thereof offered another on the same subject, which passed 
its first reading. 

Mr. Gilmer offered an amendment to the rules, providing for 
the "Previous Question," which lies over one day. 

Mr. Foy offered an ordinance relative to the printing of the 
journals and ordinances of this Convention, which passed its 
first reading, and was 01 dered to be printed. 

Mr. Davidson introduced a resolution providing for the regis- 
tration of the coupon bonds of the State, and the disposition 
of debts due our alien enemies, which passed its first reading, 
and was ordered to be printed. 

The hour having arrived, the Convention proceeded to the 
consideration of the business set for this day, it being the ordi- 
nance relative to the meeting of the General Assembly. 

Mr. Biggs moved to postpone the same, in order to take up 
the resolution providing for the adjournment of this body. 

Mr. Batchelor moved that the motion to postpone lie on the 
table, on which motion the ayes and noes were ordered, on 
motion of Mr. Biggs, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Wake, Berry, Bond, Brown, Calloway, 
Cannon, Councill, Davidson, Douthitt, Eller, Ellison, Ferebee, 
Foster of Ashe, Fuller, Gilmer, Gorrell, Graham, Headen, 
Hicks, Holden, Houston of Union, Jones of Caldwell, Joyce, 
Kittrell, Leak of Richmond, Long, Mann, McDowell of Madi- 
son, Meares, Merritt, Mitchell, Myers, Pettigrew, Phifer, Ray- 
ner, Ruffin, Sanders, Satterthwaite, Smith of Halifax, Smith of 
Johnston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Turner, Warren, Washington, Williamson, 
Wilson and Woodfin — 57. 

Noes — Messrs. Biggs, Brodnax, Bunting, Caldwell, Carson, 
Craige, Cunningham, Darden, Dillard, Durham, Edwards, Foy, 
Greenlee, Grimes, Hargrove, Henkel, Holmes, Howard, John- 
ston, Jones of Rowan, Lander, Leak of Anson, McDowell of 
Burke, McNeill of Cumberland, Miller, Moody, Moseley, Pat- 
terson, Penland, Reid, Rhodes, Royster, Shaw, Stewart, Strong, 



1861.] STATE CONVENTION. 117 

Sutherland, Thompson, Thornton, Tracy, Venablc, Walton, 
Ward, Whitford, Williams and Wooten— 44. 

The question being now on the passage of the ordinance its 
third reading, it did not pass ; ayes 52, noes 53, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Batch- 
elor, Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
Councill, Cunningham, Davidson, Douthitt, Eller, Ellison, Fere- 
bee, Foster of Ashe, Gilmer, Gorrell, Graham, Headen, Hol- 
den, Houston of Union. Jones of Caldwell, Joyce, Kittrell, 
Leak of Anson, Long, Mann, Merritt, Mitchell, Myers, Petti- 
grew, Phifer, Rayner, Sanders, Satterthwaite, Shipp, Smith of 
Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Walton, Warren, Wash- 
ington, Williams and Wilson — 52. 

Noes — Messrs. Ashe, Barnes, Battle of Edgecombe, Biggs, 
Brodnax, Caldwell, Carson, Craige, Darden, Dillard, Durham, 
Edwards, Foy, Fuller, Greenlee, Grimes, Hargrove, Ilenkel, 
Hicks, Holmes, Howard, Johnston, Jones of Rowan, Leak of 
Pdchmond, McDowell of Bladen, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, Miller, Moody, Moseley, 
Patterson, Penland, Reid, Rhodes, Royster, Ruffin, Shaw, 
Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
Thornton, Tracy, Turner, Venable, Ward, Whitford, William- 
son, Woodfin and Wooten — 53. 

Mr. Ruffin moved that the Convention now consider the ordi- 
nance defining treason against the State, and it was agreed to ; 
and the rules being suspended, it passed the several readings, 
and was ordered to be enrolled. 

The Convention then proceeded to the election of deputies 
to the Congress of the Confederate States of America. 

Mr. Badger moved that the delegates from the districts be 
first elected, on which motion the ayes and noes were ordered, 
on motion Mr. Biggs, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Battle of Wake, Berry, Bond, Brodnax, Calloway, Cannon, 
Councill, Davidson, Dick, Douthitt, Eller, Ellison, Ferebee, 
Foy, Gilmer, Gorrell, Headen, Holden, Houston of Union. 



118 JOURNAL OF THE [J.unb 18, 

Jones of Caldwell, Joyce, Kittrell, Long, Mann, Mitchell, San- 
ders, Satterthwaite, Shipp, Smith of Halifax, Smith of John- 
ston, Smith of Macon, Speed, Sprouse, Spruill of Tyrrell, 
Warren, Washington, Williams and Wilson — 43. 

Noes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
Bunting, Caldwell, Carson, Craige, Cunningham, Darden, Dil- 
lard, Durham, Edwards, Foster of Ashe, Fuller, Greenlee, 
Grimes, Hargrove, Henkel, Hicks, Holmes, Howard, Johnston, 
Jones of Rowan, Leak of Anson, Leak of Richmond, McDowell 
of Bladen, McDowell of Burke, McDowell of Madison, McNeill 
of Cumberland, Meares, Merritt, Moody, Moseley, Myers, 
Patterson, Penland, Phifer, Reid, Rhodes, Royster, Ruffin, 
Shaw, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
Ward, Williamson, Winslow, Woodfin and Wooten — 58. 

Mr. Bond moved to postpone the election until to-morrow at 
12 o'clock. On this motion the ayes and noes were ordered, 
on motion of Mr. Bond, and resulted in the" negative, as follows: 

Ayes — -Messrs. Allison, Armfield, Arlington, Badger, Barnes, 
Batchelor, Battle of Wake, Berry, Bond, Calloway, Cannon, 
Councill, Davidson, Dick, "Douthitt, Ferebee, Gilmer, Gorrell, 
Graham, Headen, Holden, Houston of Union, Jones of Rowan, 
Joyce, Kittrell, Leak of Richmond, Long, Mann, Merritt, 
Mitchell, Moseley, Sanders, Smith of Johnston, Smith of Macon, 
Spruill of Bertie, Spruill of Tyrrell, Warren, Whitford and 
Wilson— 39. 

Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brodnax, 
Brown, Bunting, Caldwell, Carson, Craige, Cunningham, Dar- 
den, Dillard, Durham, Edwards, Ellison, Foster of Ashe, Foy, 
Fuller, Greenlee, Grimes, Hargrove, Henkel, Hicks, Holmes, 
Howard, Johnston, Jones of Caldwell, Leak of Anson, Mc- 
Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, Meares, Miller, Moody, Myers, Pat- 
terson, Penland, Pettigrew, Phifer, Rayncr, Reid, Rhodes, 
Royster, Ruffin, Satterthwaite, Shaw, Smith of Halifax, Speed, 
Sprouse, Stewart, Strong, Sutherland, Thomas of Jackson, 
Thompson, Thornton, Tracy, Turner, Venable, Walton, Ward. 



1861.] STATE CONVENTION. L19 

Washington, Williams, Williamson, Winslow, Woodfin and 
Wooten — 67. 

The Convention then proceeded to elect two delegates to 
represent the State at large. 

Messrs. Strange and Barnes were appointed by the President 
to superintend the election. 

Mr. Ashe nominated George Davis, of New Hanover. 

Mr.-Biggs nominated William W. Avery of Burke. 

Mr. Merritt nominated Bedford Brown, of Caswell. 

Mr. Headen nominated Henry W. Miller, of Wake. 

For Mr. Avery — Messrs. Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Bunting, Caldwell, Carson, Councill, Craige, 
Cunningham, Darden, Dillard, Durham, Edwards, Foy, Fuller, 
Greenlee, Grimes, Hargrove, Hcnkel, Hicks, Holmes, Howard. 
Johnston, Jones of Caldwell, Lander, Leak of Anson, Mc- 
Dowell of Bladen, McDowell of Burke, McDowell of Madi- 
son, McNeill of Cumberland, McNeill of Harnett, Meares, 
Miller, Moody, Moseley, Patterson, Penland, Phifer, Reid, 
Rhodes, Royster, Shaw, Stewart, Strong, Sutherland, Thomas 
of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
Ward, Williams, Winslow, Woodfin and Wooten — 57. 

For Mr. Davis — Messrs. Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Brodnax, Brown, Bunting, Caldwell, Carson, 
Councill, Craige, Cunningham, Darden, Dillard, Durham, Ed- 
wards, Foy, Fuller, Greenlee, Grimes, Henkel, Holmes, Hous- 
ton of Union, Howard, Johnston, Jones of Rowan, Lander, 
McDowell of Bladen, McDowell of Burke, McDowell of Mad- 
ison, McNeill of Cumberland, McNeill of Harnett, Meares, 
Miller, Moody, Moseley, Myers, Patterson, Penland, Phifer, 
Rayner, Reid, Rhodes, Royster, Ruffin, Shaw, Shipp, Smith of 
Halifax, Stewart, Strong, Sutherland, Thomas of Jackson. 
Thompson, Venable, Ward, Williams, Williamson, Winsolw, 
Woodfin and Wooten— 59. 

For Mr. Brown — Messrs. Allison, Armfield, Arrington, 
Badger, Barnes, Battle of Wake, Berry, Bond, Brodnax, Cal- 
loway, Cannon, Davidson, Dick, Douthitt, Eller, Ellison, Fere- 
bee, Gilmei\ Gorrell, Graham, Headen, Holden, Houston of 



120 JOURNAL OF THE [June 18, 

Union, Jones of Rowan, Joyce, Leak of Richmond, Long, 
Mann, Merritt, Mitchell, Myers, Pettigrew, Ruffin, Sanders, 
Satterthwaite, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
Walton, Warren, Williamson and Wilson — 47. 

For Mr. Miller — Messrs. Allison, Armfield, Arrington, 
Badger, Barnes, Battle of Wake, Berry, Bond, Brown, Callo- 
way, Cannon, Davidson, Dick, Douthitt, Eller, Ellison, Fere- 
bee, Foster of Ashe, Gilmer, Graham, Headen, Hicks, Holden, 
Jones of Caldwell, Joyce, Leak of Richmond, Long, Mann, 
Merritt, Mitchell, Pettigrew, Sanders, Shaw, Smith of John- 
ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Turner, Warren and Wilson — 42. 

Messrs. Foster of Ashe, Hargrove, Rayner, Washington and 
Whitford, voted for Hon. Thomas Bragg. 

Messrs. Leak of Anson, Satterthwaite and Washington, voted 
for Hon. William A. Graham. 

Mr. Brown voted for Win. Eaton, Jr., Esq. 

Mr. Gorrell voted for Hon. John M. Morehead. 

Mr. Thornton voted for Hon. H. M. Shaw. 

Mr. Tracy voted for George Howard, Jr., Esq. 

Mr. Walton voted for Kenneth Rayner, Esq. 

The tellers reported that there were one hundred and nine 
votes given, and that George Davis and William W. Avery, 
having each received a majority thereof, were duly elected, in 
which report the Convention concurred. 

The Convention then proceeded to the election of delegates 
for the several districts, as follows : 

For the First District: 

Mr. Pettigrew nominated Wm. N. H. Smith, of Hertford. 

Mr. Ashe nominated Richard H. Smith, of Halifax. 

Messrs. Barnes and Strong superintended the election. 

For Wm. N. H. Smith — Messrs. Allison, Armfield, Badger, 
Barnes, Batchelor, Battle of Wake, Berry, Bond, Brodnax, 
Brown, Bunting, Calloway, Cannon, Carson, Council, Cunning- 
ham, Darden, Davidson, Dick, Douthitt, Durham, Eller, Ellison, 



1861.] STATE CONVENTION. , L21 

Ferebee, Foster of Ashe, Fuller, Gilmer, Gorrell, Graham, 

Headen, Henkel, Hicks, Holdcn, Houston of Union, Jones of 
Rowan, Joyce, Lander, Leak of Anson, Leak of Richmond, 
Long, Mann, McDowell of Bladen, McNeill of Harnett, Mer- 
ritt, Miller, Mitchell, Moody, Moseley, Myers, Patterson, Pet- 
tigrew, Phifer, Rhodes, Sanders, Satterthwaite, Shipp, Smith 
Of Halifax, Smith of Johnston, Smith of Macon, Sprouse. 
Spruill of Bertie, Spruill of Tyrrell, Stewart, Strong, Suther- 
land, Tracy, Turner, Venable, Walton, Ward, Warren, Wash- 
ington, Williamson, Wilson and Woodfin — 76. 

For Richard H. Smith — Messrs. Ashe, Battle of Edge- 
combe, Biggs, Caldwell, Craige, Dillard, Edwards, Foy, Green- 
lee, Grimes, Holmes, Howard, Johnston, Jones of Caldwell. 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, Meares, Penland, Reid, Royster, Ruffin, Thompson, 
Thornton, Whitford, Williams, Winslow and Wooten — 28. 

Mr. Hargrove voted for H. M. Shaw. 

Mr. Rayner voted John Pool. 

Mr. Shaw voted for Wm. F. Martin. 

Mr. Thomas, of Jackson, voted for Kenneth Rayner. 

The tellers reported that 108 votes had been given, and that 
Wm. N. H. Smith had received a majority thereof, and was duly 
elected, in which report the Convention concurred. 

For the Second District: 

Mr. Thompson nominated Thomas Ruffin, of Wayne. 

Mr. Foy nominated George Green, of Craven. 

Mr. Washington nominated Wm. B. Rodman, of Beaufort. 

Messrs. Barnes and Strong again superintended the election. 

For Mr. Ruffin — Messrs. Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Bunting, Caldwell, Carson, Craige, Cunningham, 
Darden, Dillard. Durham, Edwards, Foster of Ashe, Greenlee, 
Hargrove, Henkel, Hicks, Holmes, Houston of Union, Howard, 
Johnston, Lander, Leak of Anson, Leak of Richmond, Mc- 
Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Mearee, Merritt, 
Moody, Myers, Patterson, Penland. Phifer. Reid, Rhode?, 
16 



122 JOURNAL OF THE [Jink IS, 

i 
Royster, Ruffin, Shaw, Smith of Halifax, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
Tuner, Venable, Ward, Williams, Winslow, Woodfin and Woo- 
ten — 59. 

For Mr. Green — Messrs. Allison, Armfield, Arrington, 
Badger, Barnes, Battle of Wake, Berry, Bond, Brodnax, 
Brown, Calloway, Cann6n, Council, Davidson, Dick, Douthitt, 
Eller, Ellison, Ferebee, Foy, Gilmer, Gorrell, Graham, Headen, 
Holden, Jones of Caldwell, Jones of Rowan, Joyce, Long, Mann, 
Miller, Mitchell, Pettigrew, Sanders, Shipp, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
Tyrrell, Walton, Warren, Whitford, Williamson and Wilson — 46. 

For Mr. Rodman — Messrs. Grimes, Rayner, Satterthwaite 
and Washington — 4. 

The tellers reported that 108 votes had been given, and that 
Thomas Ruffin having received a majority thereof, Avas duly 
elected, in which report the Convention concurred. 

For the Third District: 

Mr. Moseley nominated Thomas D. McDowell, of Bladen. 

Mr. McNeill, of Harnett, nominated Walter F. Leak, of Rich- 
mond. 

Messrs. Strong and Barnes again superintending. 

For Mr. McDowell — Messrs. Ashe, Batchelor, Battle of 
Edgecombe, Biggs, Bunting, Caldwell, Carson, Craige, Cun- 
ningham, Darden, Dillard, Durham, Foy, Fuller, Grimes, Har- 
grove, Henkel, Holmes, Howard, Johnston, Jones of Caldwell, 
Jones of Rowan, Lander, McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, Meares, Merritt, Moseley, 
Patterson, Penland, Phifer, Reid, Rhodes, Royster, Ruffin, 
Shaw, Shipp, Stewart, Strong, Thomas of Jackson, Thompson, 
Thornton, Tracy, Venable, Ward, Whitford, Williams, Wins- 
low, Woodfin and Wooten — 51. 

For Mr. Leak — Messrs. Allison, Armfield, Arrington, Bad- 
ger, Barnes, Battle of Wake, Berry, Bond, Brodnax, Brown, 
Calloway, Cannon, Councill, Davidson, Dick, Douthitt, Eller, 
Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, 



1861.] STATE CONVENTION. 123 

Headen, Ilicks, Holden, Houston of Union, Joyce, Leak of 
Anson. Long, Mann, McNeill of Harnett, Miller, Moody, Myers. 
rettigrew, Sanders, Smith of Johnston, Smith of Macon, Speed. 
Sprouse, Spruill of Bertie, Spruill of Tyrrell, Sutherland. 
Turner, Walton. Warren, Washington, Williamson and Wil- 
son — 51. 

Messrs. Rayner and Smith, of Halifax, voted for Walter L. 
Steele. 

Messrs. McDowell, of Bladen, and Satterthwaite voted for 
Thomas D. Meares. 

Mr. Leak, of .Richmond, voted for Wm. B. Cole. 

The tellers reported that 107 votes had been given, and that 
no person had received a majority thereof, and, therefore, there 
was no election. 

The Convention voted again for deputy for the third district, 
as follows : 

For Mr. McDowell — Messrs. Ashe, Batchelor, Battle of 
Edgecombe, Biggs, Brodnax, Bunting, Caldwell, Carson, Craige, 
Cunningham, Darden, Dillard, Durham, Foy, Fuller, Grimes, 
Hargrove, Henkel, Holmes, Howard, Johnston, Jones of Cald- 
well, Jones of Rowan, Lander, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, Meares, Merritt, Moseley, 
Patterson, Penland, Phifer, Reid, Rhodes, R oyster, Ruffin, 
Shaw, Shipp, Smith of Halifax, Stewart, Strong, Thomas of 
Jackson, Thompson, Thornton, Tracy, Venable, Ward, Whit- 
ford, Williams, Winslow, Woodfm and Wooten — 53. 

For Mr. Leak — Messrs. Allison, Armfield, Arrington, 
Badger, Barnes, Battle of Wake, Berry, Bond, Brown, Cal- 
loway, Cannon, Councill, Davidson, Dick, Douthitt, Eller, 
Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, 
Greenlee, Headen, Hicks, Holden, Houston of Union, Joyce, 
Leak of Anson, Mann, McNeill of Harnett, Miller, Moody, 
Myers, Pettigrew, Sanders, Smith of Johnston, Smith of Macon, 
Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Suther- 
land, Turner, Walton, Warren, Washington and Wilson — 49. 

Mr. Satterthwaite voted for Walter L. Steele. 



124 JOURNAL OF THE [June 16, 

The tellers reported that 103 votes had been given, and that 
Thomas D. McDowell, having received a majority thereof, was 
duly elected, in which report the Convention concurred. 

For the Fourth District: 

Mr. Hargrove nominated Abraham W. Venable, of Granville. 

Mr. Foy nominated Archibald H. Arrington, of Nash. 

Messrs. Barnes and Strong again superintending : 

Fob Mr. Venable — Messrs. Ashe, Berry, Biggs, Brodnax, 
Bunting, Caldwell, Carson, Craige, Cunningham, Darden, Dil- 
lard, Durham, Edwards, Fuller, Greenlee, Grimes, Hargrove, 
Henkel, Holmes, Houston of -Union, Howard, Johnston, Jones 
of Rowan, Lander, Leak of Anson, McDowell of Bladen, Mc- 
Dowell of Burke, McDowell of Madison, McNeill of Cumber- 
land, McNeill of Harnett, Miller, Moody, Moseley^, Myers. 
Pen land, Phifer, Reid, Rhodes, R oyster, Ruffin, Shaw, Shipp, 
Stewart, Strong, Sutherland, Thomas of Jackson, Thomp- 
son, Thornton, .Tracy, Turner, Ward, Winslow, Woodfin and 
Wooten — 54. 

For Mr. Arrington — Messrs. Allison, Armfield, Badger, 
Barnes, Batchelor, Battle of Wake, Bond, Brown, Calloway, 
Cannon, Councill, Davidson, Dick, Douthitt, Eller, Ellison, 
Ferebee, Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Headen, 
Hicks, Holden, Jones of Caldwell, Joyce, Leak of Richmond, 
Long, Mann, Merritt, Mitchell, Pettigrew, Sanders, Satter- 
thwaite, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Walton, Warren, Whitford, 
Williams, Williamson and Wilson — 47. 

Messrs. Battle, of Edgecombe, and Washington, voted for 
Thomas Bragg. 

Mr. Rayner voted for Paul C. Cameron. 

Mr. Venable voted for Wm. A. Jenkins. 

The tellers reported that 105 votes were given, and that 
Abraham W. Venable having received a majority thereof, was 
duly elected, in which report the Convention concurred. 



1861.] STATE CONVENTION. 125 

For tiik Fifth District: 

Mr. Turner nominated John M. Morehoad, of Guilford. 

Mr. Meares nominated John W. Cunningham, of Person. 

Mr. Sanders nominated Edwin G. Reade, of Person. 

Messrs. Strong and Barnes again superintended the election. 

For Mr. MOREHEAD — Messrs. Allison, Arrington, Badger, 
Barnes, Battle of Wake, Bond, Brodnax, Brown, Caldwell. 
Calloway, Cannon. Carson. Harden. Davidson, Dick, Douthitt, 
Durham, Eller, Ferebee, Foster of Ashe, Foy, Fuller, Gilmer, 
Gorrell, Headen, Hicks, Houston of Union, Howard, Johnston, 
Jones of Caldwell, Jones of Rowan, Joyce, Lander, Leak of 
Anson, Leak of Richmond, Long, McNeill of Cumberland. 
McNeill of Harnett, Merritt. Miller, Myers, Pettigrew, Phifer, 
Rhodes, Ruflin, Satterthwaite, Shipp, Smith of Johnston, Smith 
of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyr- 
rell, Stewart, Strong, Sutherland, Thomas of Jackson, Tracy, 
Turner. Walton, Wairen, Washington, Williamson and "Wil- 
son — 64. 

For Mr. Cunningham — Messrs. Ashe, Battle of Edgecombe, 
Biggs, Bunting, Craige, Dillard, Edwards, Grimes, Hargrove, 
Henkel, Holmes, McDowell of Bladen, McDowell of Burke, 
McDowell of Madison, Meares, Moody, Penland, Reid, Roys- 
ter, Shaw, Thompson, Thornton, Venable, Ward, Williams, 
Winslow, Woodfin and Wooten — 29. 

For Mr. Reade — Messrs. Armfield, Batchelor, Berry, Coun- 
cil, Ellison, Graham, Greenlee, Holderi, Mann, Mitchell, San- 
ders, Smith of Halifax, and Whitford — 13. 

Mr. Rayner voted for Montfort McGehee. 

The tellers reported that 107 votes had been given, and that 
John M. Morehead having received a majority thereof, was 
duly elected, in which report the Convention concurred. 

The hour therefor having now arrived, the Convention took 
a recess until 4 o'clock. P. M. 



126 JOURNAL OF THE [June 18, 

4 O'clock, P. M. 

The Convention having re-assembled, proceeded to the elec- 
tion of deputy to the Confederate Congress 

For the Sixth District : 

Mr. Armfield nominated Richard C. Puryear, of Yadkin. 

Mr. McDowell, of Burke, nominated Rufus L. Patterson, of 
Forsythe. 

Messrs. Foy and Kittrell were appointed to superintend the 
election. 

For Mr. Puryear — Messrs. Allison, Armfield, Arrington, 
Badger, Barnes, Battle of Wake, Bond, Brodnax, Brown, Cal- 
loway, Cannon, Davidson, Dick, Douthitt, Eller, Foster of 
Ashe, Foy, Gflmer, Gorrell, Graham, Headen, Hicks, Holdcn, 
Houston of Union, Jones of Rowan, Jo} r ce, Leak of Anson, 
Long, Mann, McNeill of Cumberland, Merritt, Mitchell, Pet- 
tigrew, Phifer, Ruffin, Satterthwaite, Shipp ; Smith of Halifax, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
of Bertie, Spruill of Tyrrell, Turner, Walton, Warren, Wash- 
ington, Whitford, Williams, Williamson and Winslow — 53. 

For Mn. Patterson — Messrs. Ashe, Batchelor, Biggs, Bunt- 
ing, Caldwell, Carson, Councill, Craige, Cunningham, Darden, 
Dillard, Durham, Edwards, Fuller, Grimes, Hargrove, Henkel, 
Holmes, Howard, Jones of Caldwell, Lander, McDowell of 
Bladen, McDowell of Burke, McDowell of Madison, McNeill 
of Harnett, Moody, Moseley, Myers, Penland, Reid, Rhodes, 
Royster, Sanders, Shaw, Stewart, Strong, Sutherland, Thomas 
of Carteret, Thomas of Jackson, Thompson, Thornton, Tracy, 
Venable, Winslow, Woodfin and Wooten — 48.- 

The tellers reported that 101 votes had been giv^n, and 
that Richard C. Puryear, having received a majority thereof, 
was duly elected, in which report fche Convention concurred. 

Foi; the Seventh District: 
Mr. Lander nominated Burton Craige, of Rowan. 
Mr. Holdcn nominated Wm. R. Myers, of Mecklenburg. 
Messrs. Fercbce and Lander were appointed to superintend 
the election. ' 



1861. J STATE CONVENTION. L21 

For Mr. Craige — Messrs. Ashe, Batchelor, Battle oi Edge- 
combe, Biggs, Brodnax, Bunting, Caldwell, Carson, Cunning- 
ham, Darden, Dillard, Durham, Edwards, Foster of Ashe, Foy, 
Fuller, Gorrell, Grimes, Hargrove, Henkel, Hicks, Holmes, 
Houston of Union, Howard, Johnston, Jones of Caldwell, Jones 
of Rowan, Lander, McDowell of Bladen, McDowell of Burke. 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Miller, Moody, Moseley, Patterson, Pcnland, Phifer, 
Reid, Rhodes, Roystcr, Ruffin, Sattertliwaite, Shaw, Shipp, 
Smith of Halifax, Sprouse, Stewart, Strong, Sutherland, 
Thomas of Carteret, Thomas of Jackson, Thompson, Thornton, 
Tracy, Turner, Venable, Washington, Whitford, Williamson, 
Winslow, Woodfm and Wooten — 64. 

For Mr. Myers — Messrs. Allison, Armfiekl, Arlington, 
Badger, Barnes, Battle of Wake, Berry, Bond, Brown, Cal- 
loway, Cannon, Councill, Davidson, Dick, Douthitt, Eller, 
Ferebee, Gilmer, Graham, Headen, Holden, Joyce, Leak of 
Anson, Leak of Richmond, Long, Mann, Merritt, Myers, Pet- 
tigrew, Sanders, Smith of Jackson, Smith of Macon, Spruill 
of Bertie, Spruill of Tyrrell, Warren, Williamson and Wil- 
son— 37. 

The tellers reported that 101 votes had been given, of which 
Burton Craige had received a majority, and was, therefore, 
duly elected, in which report the Convention concurred. 

For the Eighth District : 

Mr. Calloway nominated A. T. Davidson, of Cherokee. 

Mr. McDowell, of Madison, nominated N. W. Woodfin, of 
Buncombe. 

Messrs. Lander and Ferebee again superintended the election. 

For Mr. Davidson — Messrs. Allison, Armfield, Arrington, 
Badger, Barnes, Battle of Wake, Berry, Bond, Brodnax, Brown, 
Calloway, Cannon, Councill, Dick, Douthitt, Eller, Ferebee, 
Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Headen, Hol- 
den, Houston of Union, Jones of Caldwell, Jones of Rowan. 
Joyce, Leak of Anson, Leak of Richmond, Long, Mann, Mc- 
Neill of Harnett, Merritt, Mitchell. Myers, Pettigrew, Rhodes. 



ii>s JOUfiNAL OF THE [Junk 18, 

Sanders, Satterthwaite, Shipp, Smith of Halifax, Smith of 
Johnston, Smith of Macon, Speed, Sproiise, Spruill of Bertie, 
Spruill of Tyrrell, Thomas of Carteret, Walton, Warren, Whit- 
ford, Williams, Williamson and Wilson — 55. 

For Mr. AVoodfin — Messrs. Ashe, Batchelor, Battle of 
Edgecombe. Biggs, Bunting, Caldwell, Carson, Craige, Cun- 
ningham, Darden, Dillard, Durham, Edwards, Fuller, Hargrove, 
Henkel, Hicks, Holmes, Howard. Johnston, Lander, McDowell 
of Bladen, McDowell of Burke, McDowell of Madison, Mc- 
Neill of Cumberland, Miller, Moody, Moseley, Patterson, Pen- 
land, Phifer, Reid, Royster, Ruffin, Shaw, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
Turner, Venable, Washington, Winslow and Wooten — 47. 

The tellers reported that 102 votes had been given, and that 
Allen T. Davidson having received a majority thereof, was duly 
elected, and in this report the Convention concurred. 

And so, the first Representatives of the State of North Caro- 
lina, in the Congress of the Confederate States of America 
are, Messrs. George Davis, William W. Avery, William 
N. II. Smith, Thomas Ruffin, Thomas D. McDowell, Abra- 
ham W. Venable, John M. Morehead, Richard C. Pur- 
year, Burton Craige and Allen T. Davidson. 

On motion, the Convention then proceeded to the election of 
three commissioners of the Board of Claims. 

The following gentlemen were put in nomination : 

By Mr. Satterthwaite, B. F. Moore, of Wake. 

By Mr. Spruill, of Bertie, Patrick H. Winston, of Bertie. 

By Mr. Graham, Samuel F. Phillips, of Orange. 

By Mr. Smith, of Macon, R. B. Vance, of Buncombe. 

By Mr. Ruffin, John H. Dillard, of Rockingham. 

By Mr. Lander, Vardry A. McBee, of Lincoln. 

By Mr. Myers. Thomas A. Ashe, of Anson. 

By Mr. Long, John Manning, Jr.. of Chatham. 

By Mr. Biggs, John Norfleet, of Edgecombe. 

By Mr. Calloway, Samuel F. Patterson, of Caldwell. 

By Mr. McDowell, of Bladen, J. J. B. Batchelor, of Warren. 

By Mr. Moseley, Patrick Murphy, of Sampson. 



iNhi.j stATK I <>\VF.\T1m\. !-"' 

By Mr. Kittrell, M- B. Lanier, of Granville. 

By Mr. McDowell, of Burke, J. J, Erwin, of Burke. 

Messrs. Kittrell and For were appointed to superintend rh»- 
election. 

;.". For Mr. Moore — Messrs. Allison, Armtield, Arrington, 
Badger, Berry, Bond, Brodnax, Brown, Caldwell, Calloway, 
Cannon, Carson, Davidson, Douthitt, Eller, Ferebee, Foster of 
Ashe. Foy, Gorrell, Graham, Greenlee, Grimes, Hicks, Holden, 
Jones of Caldwell, Jones of Rowan, Leak of Anson, Leak of 
Richmond, Mann, Mitchell, Pettigrew, Rayner, Ruffin, Sanders, 
Satterthwaite, Smith of Halifax, Smith of Jonhston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Thomas of Carteret, 
Thornton, Warren, Whitford, Williams, Wilson and Wooten — 48. 

For Mr. Winston — Messrs. Badger, Barnes, Batchelor, 
Bond, Brodnax, Cannon, Davidson, Dick, Douthitt, Durham, 
Ferebee, Foy, Fuller, Gilmer, Gorrell, Jones of CaldAvell, Leak 
of Anson, Mann, McNeill of Harnett, Meares, Miller, Myers, 
Pettigrew, Rayner, Satterthwaite, Smith of Johnston, Smith of 
Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, Strong, 
Sutherland, Tracy, Walton, Warren, Whitford and Williams — 37. 

For Mr. Vance — Messrs. Councill, Davidson, Hicks, Mc- 
Dowell of Madison, Penland, Shipp, Smith of Johnston, Smith 
of Macon, Sprouse, Turner and Woodfin — 11. 

For Mr. Dillard — Messrs. Biggs, Brodnax, Brown, Cun- 
ningham, Darden, Dick, Dillard, Edwards, Foster of Ashe, 
Gorrell, Greenlee, Hargrove, Johnston, Joyce, Long, McNeill 
of Cumberland, Mitchell, Moody, Reid, Royster, Ruffin, Shaw, 
Venable, Washington, Williamson and Wilson — 26. 

For Mr. McBee — Messrs. Caldwell, Carson, Craige, Dur- 
ham, Graham, Henkel, Johnston, Lander, McDowell of Burke, 
Meares, Miller, Patterson, Penland, Reid, Satterthwaite, Stew- 
art and Tracy — 17. 

For Mr. Ashe — Messrs. Ashe, Barnes, Bunting, Cunning- 
ham, Dillard, Holmes, Houston of Union, Howard, Jones of 
Rowan, Leak of Anson, Leak of Richmond, McDowell of Bla- 
den, McNeill of Harnett, Moody, Myers. Pettigrew, Royster, 
17 



130 JOURNAL OF THE [Junk M, 

Ruffin, Shipp, Spruill of Bertie, Sutherland, Venable, Walton 
and Washington — 24. 

For Mr. Manning — Messrs. Armfield, Arriugton, Battle of 
Wake, Brown, Dick, Gilmer, Headen, Holden, Joyce, Kittrell, 
Long, Mann, Merritt, Smith of Halifax, Thomas of Carteret, 
Turner and Warren — 17. 

For Mr. Phillips — Messrs. Allison, Armfield, Badger. 
Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bond, 
Cannon, Carson, Darden, Durham, Eller, Ferebee, Foy, Fuller, 
Graham, Grimes, Headen, Hicks, Holden, Houston of Union, 
Howard, Jones of Rowan, Lander, Long, Merritt, Miller, My- 
ers, Rayner, Sandeis, Shipp, Speed, Sprouse, Spruill of Tyrrell, 
Stewart, Strong, Thomas of Carteret, Tracy, Walton, William- 
son and Wooten — 42. 

For Mr. Norfleet — Messrs. Barnes, Battle of Edgecombe, 
Biggs, Bunting, Craige, Darden, Hargrove, Houston of Union, 
Howard, Moody, Rhodes, Shaw, Thompson, Thornton and Wil- 
liamson — 15. 

For Mr. Patterson — Messrs. Allison, Caldwell, Calloway, 
Councill, Edwards, Eller, Foster of Ashe, Gilmer, Greenlee. 
Jones of Caldwell, Joyce, Kittrell, McDowell of Burke, Mc- 
Dowell of Madison, Mitchell, Moseley, Penland, Rhodes, Stew- 
art and Wilson — 20. 

For Mr. Batchelor — Messrs. Arrington, Ashe, Batchelor, 
Battle of Edgecombe, Battle of Wake, Dillard, Edwards, 
Fuller, Grimes, Holmes, Lander, Leak of Richmond, McDowell 
of Bladen, McNeill of Cumberland, McNeill of Harnett, Meares, 
Meritt, Moseley, Patterson, Reid, Royster, Sanders, Shaw, 
Smith of Halifax, Spruill of Bertie. Strong, Sutherland, Thomp- 
son, Thornton, Turner, Whitford, Williams and Woodfin — 83. 

For Mr. Murphy — Messrs. Ashe, Batchelor, Bunting, Cald- 
well, Calloway, Cunningham, Hargrove, Henkel, Holmes, Mc- 
Dowell of Bladen, McNeill of Cumberland, Moseley, Patterson, 
Rhodes, Thompson, Venable, Washington and Wooten — 17. 

For Mr. Lanier — Messrs. Berry, Douthitt, Headen and 
Kittrell — 4. 

For Mr. Erwin — Messrs. Craige, Henkel, Johnston, Mc- 
Dowell of Burke, McDowell of Madison, and Woodfin — 6. 



1861,] STAfcE CONVENTION. 131 

The tellers reported that 104 votes had been given, and that 
no person having received a majority thereof, there was no 
election, in which report the Convention concurred. 

The Convention then proceeded to the election a second 
time, as follows : 

For Mr. Moore — Messrs. Allison, Armfield, Arrington, 
Batchelor, Berry, Bond, Brodnax, Brown, Calloway, Cannon, 
Carson, Councill, Cunningham, Darden, Douthitt, Eller, Elli- 
son, Ferebee, Foster of Ashe, Foy, Gilmer, Gorrell, Graham, 
Greenlee, Grimes, Hicks, Ilolden, Jones of Caldwell, Jones of 
Rowan, Joyce, Kittrell, Leak -of Anson, Leak of Richmond, 
Mann, McNeill of Harnett, Mitchell, Myers, Pettigrew, Rayner, 
Rhodes, Ruffin, Sanders, Sattcrthwaite, Smith of Halifax, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, Thomas 
of Carteret, Thornton, Tracy, Turner, Walton, Whitford, 
Williams and Wilson — 56. . 

For Mr. W'inston — Messrs. Arrington, Badger, Barnes, 
Batchelor, Berry, Biggs, Bond, Brodnax, Brown, Cannon. 
Councill, Dick, Douthitt, Durham, Ferebee, Foster of Ashe, 
Foy, Fuller, Gilmer, Gorrell, Hicks, Holden, Houston of Union, 
Jones of Gaston, Leak of Anson, Long, Mann, Meares, Mer- 
ritt, Miller, Moody. Pettigrew, Rayner, Shaw, Shipp, Smith of 
Halifax, Smith of Johnston, Smith of Macon, Speed, Sprnill 
of Bertie, Spruill of Tyrrell, Strong, Sutherland, Thomas of 
Carteret, Tracy, Turner, Venable, Walton, Washington, Whit- 
ford and Williams — 51. 

For Mr. Phillips— Messrs. Allison, Armfield, Badger. 
Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bunting, 
Caldwell, Cannon, Carson. Darden, Davidson, Dick, Douthitt. 
Durham, Edwards, Eller. Ellison, Foy, Fuller, Gorrell, Graham, 
Grimes, Headen, Hicks, Holmes, Howard, Johnston, Jones of 
Rowan, Kittrell, Lander, Long, Merritt, Miller, Patterson, 
Rayner, Royster, Sanders, Satterthwaite, Speed, Sprouse, Stew- 
art, Strong, Thomas of Carteret, Turner. Washington, Wil- 
liamson and Wooten — 4i>. 

For Mr. Batchelor— Messrs. Arrington, Batchelor, Battle 
of Edgecombe, Battle of Wake, Bond, Bunting, Calloway, Dar- 



132 JOURNAL OF THE [June 18, 

den, Dillard, Edwards, Ferebee, Fuller, Grimes, Hargrove, 
Holden, Holmes, Houston of Union, Lander, Leak of Rich- 
mond, McDowell of Bladen, McNeill of Cumberland, McNeill 
of Harnett, Meares, Merritt, Moody, Moseley, Reid, Rhodes. 
Royster, Sanders, Shaw, Smith of Halifax, Smith of Johnston, 
Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, Strong, 
Sutherland, Thompson, Thornton, Walton, Whitford, Williams, 
Williamson, Woodfin and Wooten — 46. 

For Mr. Ashe — Messrs. Barnes, Battle of Wake, Bunting, 
Caldwell, Craige, Cunningham, Dillard, Edwards, Ellison, 
Headen, Henkel, Holmes, Houston of Union, Howard, Jones 
of Rowan, Leak of Anson, Leak of Richmond, McNeill of 
Cumberland, Moody, Myers, Pettigrew, Ruffin, Shipp, Spruill 
of Tyrrell, Sutherland, Washington and Wooten — 27. 

For Mr. Patterson — Messrs. Allison, Calloway, Councill, 
Eller, Foster of Ashe, Gilmer, Graham, Greenlee, Jones of 
Caldwell, Joyce, Mann, McDowell of Burke, McDowell of 
Madison, Miller, Mitchell, Moseley, Rhodes, Smith of Macon, 
Wilson and Woodfin— 20. 

For Mr. McBee — Messrs. Barnes, Carson, Craige, Durham, 
Hargrove, Henkel, Howard, Johnston, Lander, McDowell of 
Bladen, McDowell of Burke, McDowell of Madison, Meares, 
Patterson, Penland, Reid, Satterthwaite, Shipp, Spruill of 
Bertie, Stewart, Thompson, Tracy, Venable and Woodfin — 24. 

For Mr. Dillard — Messrs. Batchelor, Battle of Edgecombe, 
Biggs, Brodnax, Brown, Caldwell, Craige, Cunningham, Dar- 
den, Davidson, Dick, Dillard, Greenlee, Hargrove, Headen, 
Henkel, Johnston, Joyce, Kittrell, Long, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Mitchell, Moseley, Patterson, Penland, Reid, Royter, 
Ruffin, Shaw, Thompson, Thornton, Venable, Williamson and 
Wilson — 37. 

Messrs. Erwin, Murphy, Lanier, Manning, Norlieet and 
Vance, had been withdrawn before the vote was taken. 

The tellers reported that 104 votes had been given, and that 
B. F. Moore, having received a majority thereof, was duly 
elected, and in this report the Convention concurred. 



1861,] STATE CONVENTION. 13S 

The Convention then proceeded iu the election of the remain- 
ing two Commissioners, the same gentlemen superintending, 
and the names of Messrs. Ashe. McBee and Patterson being 
withdrawn. 

For Mr. Winston — Messrs. Allison. Arinfield, Arlington, 
Ashe, Badger, Barnes, Batchelor, Berry, Biggs, Bond, Brod- 
nax, Brown, Calloway, Cannon, Davidson, Dick, Dillard. 
Douthitt, Durham, Eller, Ferebee, Foster of Ashe, Foy, Fuller, 
Gilmer, Hargrove, Henkel, Hicks. Holden, Houston of Union, 
Jones of Caldwell, Jones of Rowan, Leak of Anson, Leak of 
Richmond, Long, Mann, McNeill of Harnett, Meares, Miller, 
Mitchell, Moody, Pettigrew, Rayner. Sanders, Satterthwaite, 
Shipp, Smith of Halifax, Smith of Johnston. Smith of Macon. 
Speed, Sprouse. Spruill of Bertie, Spruill of Tyrrell, Suther- 
land, Thomas of Carteret, Tracy, Turner, Venable, Walton, 
Whitford, Williams and W'oodfm— GO. 

For Mr. Phillips — Messrs. Allison, Arinfield, Badger. Bat- 
tle of Edgecombe, Battle of Wake, Berry, Bond. Bunting, 
Colloway, Cannon, Carson. Councill, Cunningham, Darden, 
Davidson, Dick, Douthitt, Durham, Edwards, Eller, Ellison, 
Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Grimes, Headen. 
Hicks, Holden, Holmes, Houston of Union, Howard, Johnston, 
Jones of Caldwell. Jones of Rowan, Joyce, Kittrell, Lander, 
Leak of Anson, Long, Mann, Merritt, Miller, Moseley, Patter- 
son, Pettigrew, Rayner, Ruffin, Sanders, Satterthwaite, Shipp, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, Strong, 
Thomas of Carteret, Tracy, Turner. Walton, Washington, Wil- 
liamson, Wilson and Wooten — 65. 

For Mr. Dillard — Messrs. Biggs, Brodnax, Brown, Car- 
son, Councill, Craige, Cunningham, Dillard, Gorrell, Graham, 
Greenlee, Hargrove, Henkel, Holmes, Johnston, Joyce, Kit- 
trell, McDowell of Bladen, McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, McNeill of Harnett, Merires, 
Mitchell, Patterson, Penland, Reid, Rhodes, Royster, Ruffin. 
Shaw, Spruill of Bertie, Stewart, Thompson, Thornton, Vena- 
ble, Washington, Williamson and Wilson — 39. 



134 JOURNAL OF THE [June 19, 

Fob Mr. Batchelor — Messrs. Arrington, Ashe, Barnes, 
Batchelor, Battle of Edgecombe, Battle of Wake, Bunting, 
Craige, Darden, Edwards, Ferebee, Fuller, Greenlee, Grimes, 
Headen Howard, Lander, Leak of Richmond, McDowell of 
Bladen, McDowell of Burke, McDowell of Madison, McNeill 
of Cumberland, Merritt, Moody, Moseley, Penland, Reid, 
Rhodes, Shaw, Smith of Halifax, Spruill of Tyrrell, Stewart. 
Strong, Sutherland, Thompson, Thornton, Whitford, Williams, 
Woodfin and Wooten — 40. 

For Mr. McBee— Mr. Ellison— 1. 

The tellers reported that Samuel F. Phillips and Patrick II. 
Winston, Jr., had each received a majority of the votes given, 
and were, therefore, duly elected, and in this report the Con- 
vention concurred. 

Mr. Jones, of Rowan, moved to reconsider the vote of yes- 
terday by which the ordinance relating to a meeting of the 
General Assembly was rejected. 

Mr. Ashe moved that said motion lie on the table, and before 
any decision thereon, 

On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Wednesday, June 19, 1861. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Thomas E. Skinner, of the Baptist 
Church. 

The journal of yesterday was read and approved. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported that the following ordinance and resolutions had been 
examined and found correct: 

An ordinance defining treason against the State. 

A resolution in favor of L. W r . Joyner. 

A resolution in regard to Hag of the first regiment of N. C. 
volunteers, and the inscription thereon. 

Which were severally signed by the President and attested 
by the Secretaries. 



L861.] ST \ ! l. I 0N> ENTiOK. L35 

Mr. Rutin offered a resolution in regard to eptance of 

cavalry companies for the war or for twelve months, which 
passed its first reading. 

Mr. Smith, of Jodmston, from the select committee to whom 
the subject had been referred, reported an ordinance in relation 
to oaths of fidelity and allegiance, which passed its first reading. 

Mr. Armfield offered a resolution asking information of the 
Governor, as to the removal of the names of certain officers of 
the militia of Yadkin county from the militia rolls of the State, 
which lies over one day. 

The resolution of JVEr. Gorrell relating to the printing thv 
Articles of War and Army Regulations of the Confederate States, 
was then read the third time, passed and ordered to be enrolled. 

The resolution of Mr. Thomas, of Jackson, in regard to the 
basis of representation, was taken up and referred to the com- 
mittee on Revenue and Taxation. 

The resolution of Mr. Davidson in regard to the payment of 
coupons on the bonds of the State, held by our enemies, was 
referred to the Committee of Finance. 

The proposed amendment to the Rides eff Order, by Mr. 
Battle, of Wake, was taken up. and the question being put 
thereon, it was not agreed to. 

The resolution fixing the compensation of the President and 
officers of the Convention, passed its third reading and was 
ordered to be enrolled. 

The resolution proposing to raise troops west of the Blue 
Ridge, for the defense of that part of the State was, on motion 
of Mr. Biggs, ordered to lie on the table. 

The resolution of Mr. Battle, of Wake, asking information 
of the Governor in regard to the appointments to military office, 
was read the second time, when Mr. Biggs called for the Orders 
of the day, the hour for the consideration thereof having 
arrived. 

Mr. Battle, of Wake, moved to postpone the same, until his 
resolution was disposed of, ;tnd it was agreed to. 

Whereupon, Mr. Ruflin moved to amend the resolution as 
follows: "And in ease it h necessary, to enable the Governor 



136 .JorHNAI. OK THK [Juisi 19, 

to give this information, he shall be authorized to employ an 
additional clerk," which was agreed to, and as thus amended 
the resolution was adopted. 

The orders of the day then coming up, Mr. Batchelor moved 
to postpone the same, in order to take up the resolution of Mr. 
Jones, of Rowan, to re-consider the vote by which the ordi- 
nance relating to the meeting of the General Assembly was 
rejected. 

On this motion a debate arose, and a question of order was 
raised, whether parliamentary law allowed a discussioon on a 
motion to postpone, that the body might consider a motion to 
re-consider when there was a 'pending motion to lay on the 
table the motion to re-consider. [See proceedings at the close 
of afternoon session of yesterday.] 

The President decided that the motion to lay on the table 
was not the motion now before the Convention, but that it was 
the motion of the gentleman from Halifax, (Mr. Batchelor,) to 
postpone another subject in order that the' Convention might 
consider the motion made yesterday, by the gentleman from 
New Hanover, (Mr. Ashe,) therefore, it was parliamentary to 
give the reason why the motion to postpone should prevail, but 
that members should confine themselves to that, and not dis- 
cuss the questions involved in the motion to reconsider. 

On the motion to postpone, the ayes and noes were ordered, 
on motion of Mr. Ellison, and resulted in the affirmative, as 
follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
Brown, Calloway, Cannon, Christian, Council], Davidson, Dick, 
Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Gilmer, Gor- 
rell, Graham, Hearne, Holden, Houston of Union, Jones of 
Caldwell, Jones of Rowan, Kittrell, Leak of Anson, Leak of 
Richmond, Long, Mann, McNeill of Harnett, Merritt, Myers, 
Penland, Pettigrew, R-ayner. Rhodes, Shipp, Smith of Halifax, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
of Tvrrcll, Warren. "Washington. Williams, Williamson. Wilson 
and Woodfin — 55. 



1861.] STATE CONVENTION. 187 

Noes — Messrs. Biggs, Brodnax, Bunting, Caldwell, Carson. 
Craige, Cunningham, Darden, Dillard, Durham, Edwards, Foy, 
Fuller, Greenlee, Grimes, Hargrove, Headen, Henkel, Hicks. 
Holmes, Howard, Johnston, Lander, McDowell of Bladen, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, Miller, Mitchell, Moody, Moseley, Osborne, Patter- 
son, Iteid, lloyster, Ruffin, Sanders, Satterthwaite, Shaw. 
Spruill of Bertie, Stewart, Sutherland, Thomas of Carteret, 
Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Ven- 
able, Walton and Wooten — 51. 

So the motion prevailed, and the question now being, will the 
Convention order the motion to re-consider the ordinance relat- 
ing to the meeting of the General Assembly, to lie on the table ? 
the ayes and noes w r ere ordered, on motion of Mr. Ferebee, 
and resulted in the negative, as follows : 

AYES — Messrs. Ashe, Battle of Edgecombe, Biggs, Bunting. 
Caldwell, Carson, Craige, Darden, Dillard, Durham, Edwards. 
Foy, Greenlee, Grimes, Hargrove, Henkel, Hicks, Holmes. 
Howard, Lander, McDowell of Bladen, McDowell of Burke. 
McDowell of Madison, McNeill of Cumberland, Miller, Mitchell. 
Moody, Moseley, Osborne, Patterson, Reid, Royster, Ruffin, 
Satterthwaite, Shaw, Stewart, Strong, Sutherland, Thomas of 
Jackson, Thompson, Thornton, Tracy, Venable and Wooten — 42. 

Noes — Messrs.. Allison, Armfield, Arrington, Badger. 
Barnes, Batchelor, Battle of Wake, Berry, Bond, Brodnax. 
Brown, Calloway, Cannon, Christian, Councill, Cunningham. 
Davidson, Dick, Douthitt, Eller, Ellison, Ferebee, Foster of 
Ashe, Fuller, Gilmer. Gorrell, Granam, Headen, Hearnc, Hol- 
den, Houston of Union, Johnston, Jones of Caldwell, Jones of 
Rowan, Kittrell, Leak of Anson, Leak of Richmond, Long, 
Mann, McNeill of Harnett, Merritt, Myers, Penland, Petti- 
grew, Phifer, Rayner, Rhodes, Sanders, Shipp, Smith of Hali- 
fax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Cai'teret, 
Turner, Walton, Warren, Washington, Williams. Williamson, 
Wilson and Woodfin — W4. 
IS 



138 JOURNAL OF THE [June 19, 

The question then recurred on the motion to re-consider, on 
which the ayes and noes were ordered, on motion of Mr. Ashe, 
and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Batch- 
elor, Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
Christian, Councill, Cunningham, Davidson, Dick, Douthitt, 
Eller, Ellison, Ferebee, Foster of Ashe, Fuller, Gilmer, Gorrell, 
Graham, Headen, Hearne, Holden, Houston of Union, Jones 
of Caldwell, Jones of Rowan, Kittrell, Leak of Anson, Leak 
of Richmond, Long, Mann, McNeill of Harnett, Merritt, Myers, 
Pettigrew, Phifer, Rayner, Rhodes, Sanders, Shipp, Smith of 
Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Tyrrell, Thomas of Carteret, Warren, Washington, 
Williams, Williamson and Wilson — 57. 

Noes— Messrs. Ashe, Barnes, Battle of Edgecombe, Biggs, 
Brodnax, Bunting, Caldwell, Carson, Craige, Darden, Dillard, 
Durham, Edwards, Foy, Greenlee, Grimes, Hargrove, Henkel, 
Hicks, Holmes, Howard, Johnston, Lander, McDowell of Bla- 
den, McDowell of Burke, McDowell of Madison, McNeill of 
Cumberland, Miller, Mitchell, Moody, Moseley, Patterson, Pen- 
land, Reid, Royster, Ruffin, Satterthwaite, Shaw, Spruill of 
Bertie, Stewart, Strong, Sutherland, Thomas of Jackson, Thomp- 
son, Thornton, Tracy, Turner, Venable, Walton, Woodfin and 
Wooten — 51. 

The Convention having agreed to re-consider, the question 
was, Shall this ordinance pass its third reading ? 

Mi-. Howard moved to amend the same by adding a clause, 
requiring the General Assembly to meet on the 15th day of 
August. 

Pending the consideration of which, the hour therefor arrived, 
and the Convention took a recess until 4 o'clock, P. M. 



4 O'clock, P. M. 
The Convention re-assembled and resumed the consideration 
of the business pending at the hour of recess, being the amend- 
ment of Mr. Howard. 



1861.] STATE CONVENTION. 139 

On this question the ayes and noes were ordered, on motion 
of Mr. Howard, and resulted in the adoption of the amend- 
ment, as follows: 

Ayes — Messrs. Allison, Ashe, Badger, Batchelor, Battle of 
Edgecombe, Biggs, Brodnax, Brown, Bunting, Caldwell, Callo- 
way, Councill, Craige, Darden, Davidson, Dillard, Durham. 
Edwards, Eller, Ellison, Gilmer, Gorrell, Greenlee, Grimes, 
Hargrove, Henkel, Hicks, Holmes, Howard, Johnston, Jones of 
Rowan, Lander, Leak of Richmond, Mann, McDowell of Burke. 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Merritt, Miller, Mitchell, Moody, Moseley, Osborne, 
Patterson, Penland, Pettigrew, Phifer, Rhodes, Royster, Ruffin, 
Sanders, Shaw, Shipp, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Tyrrell, Strong, 
Sutherland, Thompson, Thornton, Tracy, Venable, Walton, 
Williamson, Wilson and Wooten — TO. 

Noes — Messrs. Armfield, Arnngton, Battle of Wake, Berry, 
Cannon, Carson, Christian, Cunningham, Dick, Douthitt, Fere- 
bee, Foy, Graham, Headen, Hearne, Holden, Houston of Union, 
Jones of Caldwell, Kittrell, McDowell of Bladen, Rayner, Sat- 
terthwaite, Thomas of Carteret, Thomas of Jackson, Washing- 
ton, Williams and Woodfin — 27. 

The question was then on the final passage of the ordinance, 
as amended, on which the ayes and noes were ordered, on mo- 
tion of Mr. Thompson, and resulted in the affirmative, as fol 
lows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Batche- 
lor, Battle of Wake, Berry, Bond, Brown, Bunting, Calloway, 
Cannon, Christian, Councill, Davidson, Dick, Douthitt, Eller, 
Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, 
Headen, Hicks, Holden, Houston of Union, Howard, Jones? of 
Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Richmond, 
McNeill of Harnett, Merritt, Miller, Mitchell, Osborne, Pat- 
terson, Penland, Pettigrew, Phifer, Rhodes, Sanders, Shi^.p, 
Smith of Halifax, Smith of Johnston, Smith of Macon, Speed, 
Sprouse, Spruill of Bertie, Spruill of Tyrrell, Strong, Thomas 
of Carteret, Walton, Warren, Washington. Williamson and 
Wilson— 60. 



140 JOURNAL OF THK [June 19, 

Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brodnax, 
Caldwell, Carson, Craige, Cunningham, Darden, Dillard, Dur- 
ham, Edwards, Foy, Greenlee, Grimes, Hargrove, Hearne, 
Henkel, Holmes, Johnston, Lander, McDowell of Bladen, Mc- 
Dowell of Burke, McDowell of Madison, McNeill of Cumber- 
land, Moody, Moseley, Royster, Ruffin, Sattcrthwaite, Shaw, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
Turner, Venable, Williams, Woodfin and Wooten — 40. 

The ordinance having passed its third and last reading, was 
ordered to be enrolled. 

Mr. Howard moved to re-conaider the vote by which the ordi- 
nance passed its third reading, and it was not agreed to. 

On motion of Mr. Biggs, the Convention proceeded to the 
consideration of the resolution relating to the adjournment of 
this body on Saturday next. 

Mr. Ellison moved to strike out the word "next," and insert 
the words, " 29th jnstant." 

Mr. Meares moved that the subject Jie on the table, on which 
the ayes and noes were ordered, on motion of Mr. Biggs, and 
resulted in the negative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Batch- 
elor, Battle of Wake, Berry, Bond, Cannon, Christian, David- 
son, Dick, Douthitt, Fercbee, Gilmer, Gorrcll, Graham, Hearne, 
Holden, Houston of Union, Jones of Caldwell, Jones of -Rowan. 
Joyce, Kittrell, Long, Mann, McNeill of Cumberland, McNeill 
of Harnett, Meares, Merritt, Pcttigrew, Rhodes, Ruffin, San- 
ders, Shipp, Sprouse, Thomas of Carteret, Turner, Warren, 
Wilson and Woodfin — 41. 

Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brown. 
Bunting, Caldwell, Calloway, Carson, Councill, Craige, Cun- 
ningham, Darden, Dillard, Durham, Edwards, Eller, Ellison. 
Foster of Ashe, Foy, Greenlee, Grimes, Hargrove, Henkel, 
Hicks, Holmes, Howard, Johnston, Lander, Leak of Richmond. 
McDowell of Bladen, McDowell of Burke, McDowell of Mad- 
ison, Miller, Mitchell, Moody, Moseley, Osborne, Patterson, 
Penland, Rayner, Royster, Sattcrthwaite, Shaw, Smith of Hal- 
ifax, Smith of Johnston, Speed, Spruill of Bertie, Strong, 



1861.] STATE CONVENTION. 141 

Sutherland, Thomas of Jackson, Thompson, Thornton, Tracv, 
Venable, Walton. Washington, Williams, Williamson and Woo- 
ten— 59. 

Mr. Graham moved to postpone the further consideration of 
the subject until Tuesday next, on which motion the ayes and 
noes were ordered, on motion of 'Mr. Armfield, and resulted in 
the negative, as follows : 

Ayes — Messrs. Allison, Armfield, Arlington, Badger, Batch- 
elor, Battle of Wake, Berry, Bond, Cannon, Christian, Coun- 
cill, Davidson, Dick, Douthitt, Ferebee, Gilmer, Gorrell, Gra- 
ham, Headen, Holden, Houston of Union, Jones of Caldwell, 
Jones of Rowan, Kittrell, Long, Mann, McNeill of Cumber- 
land, McNeill of Harnett. Meares, Merritt, Mitchell, Petti- 
grew, Rhodes, Ruffin, Sander*, Shipp, Smith of Halifax, Smith 
of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyr- 
rell, Thomas of Carteret, Turner, Warren, Washington. Wilson 
and Woodfin— 48. 

Noes — Messrs. Ashe, Battle of Edgecombe, Biggs;, Brown, 
Bunting, Caldwell, Calloway, Carson, Craige, Cunningham. 
Darden, Dillard, Durham, Edwards, Eller, Ellison, Foster of 
Ashe, Foy. Fuller, Greenlee, Hargrove, Hearne, Henkel, Hicks. 
Holmes, Howard, Johnston, Joyce, Lander, Leak of Richmond. 
McDowell of Bladen, McDowell of Burke, McDowell of Madi- 
son, Miller, Moody, Moseley, Osborne, Patterson, Penland, 
Phifer, Rayner, Royster, Satterthwaite, Shaw, Smith of John- 
ston, Strong, Sutherland, Thomas of Jackson, Thompson. 
Thornton, Tracy, Venable, Walton, Williams. Williamson and 
Wooten — 56. 

The question was then on the amendment of Mr. Ellison, 
and on his motion the ayes and noes were ordered, and resulted 
in the negative, as follows : 

Ayes — Messrs. Allison, Arlington, Badger, Battle of Wake, 
Berry, Bond, Cannon, Christian, Councill, Davidson, Dick. 
Eller, Ellison, Fuller, Gilmer, Graham, Holden, Jones of Cald- 
well, Jones of Rowan, Joyce, Kittrell, Long, Mann, McNeill 
of Cumberland, McNeill of Harnett, Meares, Merritt, Osborne, 
Patterson, Penland, Pettigrew, Rayner, Rhodes, Ruffin, Smith 



142 -loUUNAL OF THE [June 19, 

of Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
Turner, Walton, Warren, Wilson and Woodfin — 47. 

Noes — Messrs. Armfield, Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Bi'odnax, Brown, Bunting, Caldwell, Calloway, 
Carson, Craige, Cunningham, Darden, Dillard, Douthitt, Dur- 
ham, Edwards, Foster of Ashe, Foy, Gorrell, Greenlee, Har- 
grove, Headen, Hcarne, Henkel, Hicks, Holmes, Houston of 
Union, Howard, Johnston, Lander, Leak of Richmond, Mc- 
Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
Miller, Mitchell, Moody, Moseley, Myers, Phifer, Royster, San- 
ders, Satterthwaite, Shaw, Strong, Sutherland, Thomas of 
Jackson, Thompson, Thornton, Tracy, A r cnable, Washington, 
Williams, Williamson and Wooten — 56. 

Mr. Smith, of Johnston, moved to amend by striking out 
" Saturday," and inserting "Friday," and it was not agreed to. 

Mr. Kittrell moved the indefinite postponement of the whole 
subject, which was not agreed to. 

On motion, the words " Saturday next" were stricken out, 
and "Wednesday, the 27th instant," inserted. 

On motion of Mr. Badger, the question was divided, so that 
the vote shall first be on that part of the resolution relating to 
adjournment, and on this question the ayes and noes were 
ordered, on motion of Mr. Smith, of 'Johnston, and resulted in 
the affirmative, as follows : 

Ayes — Messrs. Ashe, Battle of Edgecombe, Biggs, Bond, 
Brodnax, Brown, Bunting, Caldwell, Carson, Craige, Cunning- 
ham, Darden, Dillard, Durham, Edwards, Eller, Ellison, Foy, 
Fuller, Grimes, Hargrove, Heai'ne, Henkel, Hick, Holmes, 
Houston of Union, Howard, Johnston, Lander, Leak of Richmond, 
McDowell of Bladen, McDowell of'Burkc, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, 
Mitchell, Moody, Moseley, Osborne, Penland, Phifer, Rhodes, 
Royster, Ruffin, Satterthwaite, Shaw, Smith of Halifax, Speed, 
Sprouse, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
of Jackson, Thompson, .Thornton, Tracy, Venable, Walton, 
Washington, Williams, Williamson and Wooten — 65. 



1861.] STATE (^MENTION. 143 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Batch- 
elor, Battle of Wake, Bern 7 , Calloway, Cannon, Christian, 
Councill, Davidson, Dick, Douthitt, Ferebee, Foster of Ashe, 
Gilmer, Gorrell, Graham, Green, Greenlee, Headen, Holden, 
Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, Long, 
Mann, Myers, Patterson, Pettigrew, Sanders, Shipp, Smith of 
Johnston, Smith of Macon, Spruill of Tyrrell, Thomas of Car- 
teret, Turner, Warren, Wilson and Woodfin — 42. 

The first branch of the resolution being adopted, the ques- 
tion was on the second branch, relating to the re-assembling 
of the Convention. 

Mr. Badger moved to strike out the word, "November,'" and 
insert, "October." 

Mr. Howard asked a division of the question so as to vote 
fii st on striking out, and on this the ayes and noes were ordered, 
on motion of Mr. Speed, and resulted in the negative, as fol- 
lows : 

Ayes — Messrs. Armfield, Arringtion, Badger, Battle of 
Wake, Calloway, Cannon, Christian, Darden, Davidson, Dick, 
Douthitt, Edwards, Ellison, Ferebee, -Fuller, Gilmer, Green, 
Grimes, Headen, Hicks, Holden, Jones of Rowan, Joyce, Kit- 
trell, Leak of Richmond, McNeill of Cumberland, McNeill of 
Harnett, Meares, Moody, Patterson, Rayner, Rhodes, Sanders, 
Satterthwaite, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Sprouse, Spruill of Bertie, Sutherland, Thomas of Car- 
teret, and Warren — 42. 

Noes — Messrs. Allison, Ashe, Batchelor, Battle of Edge- 
combe, Berry, Biggs, Bond, Brodnax, Brown, Bunting, Cald- 
well, Carson, Cunningham, Dillard, Durham, Eller, Foster of 
Ashe, Foy, Graham, Hargrove, Hearne, Henkel, Holmes. 
Houston of Union, Howard, Johnston, Jones of Caldwell, Lan- 
der, Long, Mann, McDowell of Burke, McDowell of Madison, 
Merritt, Miller, Mitchell, Moseley, Myers, Osborne, Penland, 
Pettigrew, Phifer, Royster, Shaw, Speed, Spruill of Tyrrell, 
Stewart, Strong, Thomas of Jackson, Thompson, Thornton. 
Tracy, Turner, Amenable, Walton, Washington. Williams. Wil- 
liamson, Wilson, Woodfin and Wootcn — 01. 



144 Journal of ?he [Juki* 20. 

Mr. Long moved to strike out the word, "first," and insert, 
''third." before the word "November," and it was agreed to. 

Mr. Green moved to lay the subject on the table, and it was 
not agreed to. 

On motion of Mr. Badger, the words, "of any five members,'" 
were stricken out, and the words " of Messrs. Ruffin, Graham, 
Biggs, Brown and Osborne, or any three of them," were inserted. 

The question was then on the passage of the resolution as 
amended, on its third reading, and it was decided in the affir- 
mative. 

Mr. Biggs moved to re-consider the vote just taken. 

Mr. Meares moved to lay that motion on the table, and it 
was not agreed to. 

On motion of Mr. Mitchell, leave of absence was granted to 
Mr. Calloway, from and after Monday next. 

On motion of Mr. Speed, leave of absence was granted to 
Mr. Moody, from and after Saturday next. 

On motion of Mr. Ashe, leave of absence was granted to 
Mr. Wooten, from and after Friday next. 

On motion of Mr. Ruffin, the ordinance to amend the 2nd 
Section of the fourth Article of the Amendments to the Con- 
stitution, was then taken up and put upon its third reading. 

Mr. Hargrove moved to amend as follows: Strike out all 
after the ordaining clause, and insert, " No person who shall 
deny the being of God, shall be capable of holding any office 
or place of trust or profit in the civil department within this 
State," and it was not agreed to. 

The ordinance then passed the third reading and was ordered 
to be enrolled. 

The Convention then took up the ordinance providing pay- 
ment to Sheriffs for holding the elections of members of this 
Convention. 

Then, on motion of Mr. Badger, the Convention adjourned. 



1861.] STATE CONVENTION. 145 

IN CONVENTION, Thursday, June 20, 1861. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Dr. Richard S. Mason, of the P. E. 
Church. 

The journal of yesterday was read and approved. 

Mr. Speed introduced an ordinance to amend the 1st Section 
of the 1st Article of the amendments to the Constitution, which 
passed the first reading. 

Mr. Williams offered a resolution instructing the committee 
on Common Schools to inquire into the propriety of suspending 
the public schools during the war, and appropriating the annual 
revenue therefor to the uses of the State, which was agreed to. 
' Mr. Thomas, of Jackson, offered a resolution instructing the 
committee on Common Schools to inquire into the expediency 
of amending the Constitution of the State upon that subject, 
which was ordered to lie on the table. 

The resolution allowing members of the Convention, elected 
to fill vacancies, to sign the ordinance of secession, was taken 
up for consideration, and on motion of Mr. Badger, ordered to 
lie on the table. 

The resolution in regard to bills of credit, Avas also ordered 
to lie on the table. 

On motion of Mr. Graham, Capt. John L. Bridgers, of the 
Edgecombe Guards, who bore a conspicuous and honorable part 
in the recent battle of Bethel Church, was invited to a seat within 
the bar of the Convention. 

The resolution in relation to Elizabeth Chavis and her infant 
child, free persons of color of Wake county, was taken up and 
referred to, the committee on free persons of color. 

The ordinance to amend the 4th Section of the 4th Article 
of Amendments to the Constitution, was then taken up and 
passed its second reading, and, the rules being suspended, 
passed its third reading, and ordered to be enrolled. 

The ordinance relative to the conferring; brevet rank in cer- 
tain cases, was read the second time, and on motion of Mr. 
Graham,, postponed until Thursday next. 
19 



146 JOURNAL OF THE [June. 20, 

Mr. Washington introduced a resolution declaring that the 
act of the General Assembly, commonly known as the " Stay 
Law," needs amendment, and proposing a committee to report 
an ordinance on that subject, just to creditors and debtors, 
which passed its first reading. 

The ordinance providing compensation to Sheriffs for holding 
elections of members of this Convention, was taken up, passed 
its third reading and ordered to be enrolled. 

The resolution asking certain information in regard to the 
State troops and volunteers, then passed its third reading and 
was ordered to be enrolled. 

The ordinance heretofore introduced by Mr. Graham, in 
regard to the disposition of the forces of the State, was then 
taken up on its second reading, to which. he offered the follow- 
ing amendment : Fill the blank in the second Section, line 
third, with the words, "loth of July," and with the same in 
Section four, line six, and insert as an additional section, 

Be it further ordained, That the above forces and vessels of 
this State be transferred to the said Confederate States, upon the 
same terms and conditions that are provided as to the State 
troops, in the second section of this ordinance. 

In section six, after the Avord "discharged," in line 13, the 
words, "and that no staff officers of any of said troops shall 
be retained in the service of the State after the transfer or 
muster into the service of the Confederate States, as aforesaid, 
but shall be, in like manner, discharged, unless accepted into 
the service of the said Confederate States." 

And add, as Sections 9, 10, and 11, the following : 

Be it further ordained. That the act of the General Assem- 
bly, entitled "An 'Act to create a Military Board," be, and the 
same is hereby repealed, from and after the 15th of July next. 
Be it further ordained, That no oath shall be required to be 
taken by the officers or soldiers aforesaid, except the oath of 
allegiance to the State of North Carolina, prior to their being 
mustered into the service of the Confederate States, but each 
man shall be held and deemed to be in military service, and 
subject to the rules and articles of war of the Confederate 
States, from the time of his signing the articles of enlistment. 



1861.] STATE CONVENTION. 147 

Be it further ordained, That a commission of two persons to 
be chosen by this Convention, shall be dispatched to confer 
with the President of the Confederate States, upon the matters 
embodied in this ordinance, as early as may be practicable, and 
make report of the result of such conference to the Governor 
for his action in the premises. 

On motion of Mr. Graham, the lobbies and galleries were 
cleared, and the Convention proceeded to sit with closed doors, 
and so continued until the hour. for recess. 



4 O'clock, P. M. 

The Convention resumed its business in secret session, and 
so continued until a late hour, when the doors were opened. 

The ordinance relating to taxation and revenue, and the pub- 
lic debt, was then put upon its second reading, and passed the 
same by general consent, and ordered to a third reading to- 
morrow. > 

Mr. Batchelor moved that the ordinance relating to the juris- 
diction of the Courts be taken up and made the special order 
for Saturday, at 11 o'clock ; 

Pending the consideration of which, on motion, the Conven- 
tion adjourned. 



IN CONVENTION, Friday, June 21, 1861. 

The Convention met at the usual hour, the President in the 
chair. Prayer by the Rev. J. M. Atkinson, of the Presby- 
terian Church. 

The journal of yesterday was read and approved. 

Mr. McDowell, of Madison, presented a petition from certain 
citizens of his county in relation to lands held by citizens of a 
foreign government with which we are at war, which, on his 
motion, was referred to the select committee on the memorial 
of citizens of Wilmington on the same subject. 



148 JOURNAL OF THE [June 21, 

The President laid before the Convention a communication 
from His Excellency, the Governor, enclosing a detailed account 
by Col. D. IT. Hill, of the recent battle of Bethel, Va., which 
was read and ordered to be printed — twenty-five copies for each 
member. 

Mr. Strong, from the committee on Enrollments, reported 
the following ordinances and resolutions as having been exam- 
ined and found correct: 

An Ordinance to amend the fourth section of the fourth 
article of amendments to the Constitution. 

An Ordinance abrogating a resolution of the General Assem- 
bly, whereby the same was to meet on the 25th inst., and pro- 
viding for a future meeting. 

An Ordinance providing for the payment of Sheriffs for hold- 
ing elections for members of this Convention. 

Resolution in relation to the pay of the printers to this 
Convention. 

Resolution to print and distribute copies of the Articles of 
War among our soldiers. 

Mr. Ellison, from the committee on Free Persons of Color, 
made an adverse report on the resolution in relation to Eliza- 
beth Chavis and her infant child, in which the Convention 
concurred. 

Mr. Howard, from the committee on Military Affairs, reported 
favorably the resolution authorizing the Governor to accept the 
services of a certain number of cavalry companies, which then 
passed its second reading. 

On motion of Mr. Smith, of Halifax, the rule was suspended, 
and the resolution was put upon its third reading. 

Mr. Pond moved to postpone the subject until Monday next, 
which was not agreed to. 

The resolution then passed its third reading, and was ordered 
to be enrolled. 

Mr. Ellison offered a resolution directing the Secretary to 
send a certified copy of the resolution proroguing the General 
Assembly to each member of the General Assembly, which lies 
over one day under the rule. 



1861.] STATE CONVENTION. 149 

Mr. Battle, of Wake, offered a resolution directing the Sec- 
votary to prepare and have printed a list of the members of 
thi$ Convention, with their respective postoffices 5 which was 
agreed to. 

Mr. Holmes, from the committee on that subject, reported 
an ordinance concerning the property of persons who have 
abandoned and left the State, which passed its first reading, 
and was ordered to be printed. 

Mr. Biggs offered a resolution providing for an exemption 
from the poll tax due the present and succeeding year, of all 
our soldiers who are on . duty, which passed its first reading. 
The rule was suspended, and it passed its second reading and 
was reading the third time. It was amended by striking out 
the word, "white," and requiring also that a certificate of ex- 
emption should be given, under seal, by the Clerk of the 
County Court. 

' Mr. Ferebee moved to refer the resolution to the committee 
of Finance, which was not agreed to. 

Mr. Satterthwaite moved that it lie on the table, which was 
not agreed to. 

The resolution then passed the third reading, and was ordered 
to be enrolled. 

Mr. Moseley presented the resignation of Hon. Thomas D. 
McDowell, delegate from Bladen county, which was accepted by 
the Convention. 

On motion of Mr. Moseley a writ of election was directed 
to be issued to the Sheriff of Bladen county, requiring him to 
hold an election to fill the vacancy on the first Thursday in 
August next. 

The order of the day was now called up, the same being the 
ordinance to amend the Constitution in relation to the subjects 
of taxation, revenue and the public debt. 

Mr. Batchelor moved to postpone the same, in order that the 
Convention might consider the ordinance in relation to the 
jurisdiction of the courts, which was not agreed to. 

The Convention then went into to the consideration of the 
ordinance above named. 



150 JOURNAL OF THE [June 21, 

Mr. Sanders offered an amendment to strike out the first and 
.second sections of the same, and insert in lieu thereof, the fol- 
lowing : 

It is by this Convention ordained. That Section 3rd of Arti- 
cle 4th of the Amendments to the Constitution of the State, 
ratified by the people on the second Monday of November, in 
the year 1835, is hereby rescinded and annulled, and in lieu 
thereof, and in addition thereto, it is ordained : 

1. There shall be a capitation tax upon all free persons 
throughout the State subject to the same. 

2.' All free males over the age of twenty- one years, and 
under forty-five, shall be subject to a capitation tax, and no 
other person shall be subject to such tax: Provided, That 
nothing herein contained shall prevent exemption of taxable 
polls, as heretofore prescribed by law, in cases of bodily in- 
firmity. 

3. All slaves over the age of one year. and under the age of 
sixty years, and no others, shall be subject to tax ; and when 
taxed, shall.be taxed according, to their cash value, to be ascer- 
tained and fixed by the General Assembly as often as may be 
deemed advisable. In assessing the value of taxable slaves, all 
between one year and five years of age, and between fifty-five 
and sixty, shall be deemed of equar value. All between five 
and ten, and between fifty and fifty-five, shall be deemed of 
equal value. All between ten and fifteen and between forty 
and fifty, shall be deemed of equal value, and all between fif- 
teen and forty shall be deemed of equal value : Provided,, That 
the General may, as heretofore, allow exemptions of disabled 
and insane taxable slaves : And provided, also, That the taxa- 
ble value of slaves, skilled and employed in the mechanic arts 
and trades, may be ascertained in any other mode provided by 
the General Assembly. 

4. All reaL estate, except such as shall be exempted by the 
General Assembly, by reason of its being set apart for the Uni- 
versity or other schools, or for the suport of the poor or afflict- 
ed, or for tlivine worship, shall be subject to be taxed according 
to its value, and shall be so taxed whenever slaves are so taxed, 



1861.] STATE CONVENTION. 151 

either by the General Assembly, or by any other body, by its 
permission. The value of such real estate shall be ascertained 
as the General Assembly may provide : the tax on each kind 
of such property shall be the same upon equal values thereof, 
and neither shall be exempt from tax without the exemption of 
the other. 

On motion of Mr. Howard, the Convention resolved itself 
into Committee of the Whole, Mr. Satterthwaite in the Chair, 
with the view to consider the subject pending in the Convention. 

After so continuing for some time, the Committee rose, the 
President resumed his seat, and the chairman reported progress, 
and asked to sit again. 

On motion of Mr. Lander, leave of absence was granted to 
Mr. Carson, of Rutherford, for the remainder of the session. 

Mr. Smith, of Macon, presented the resignation of Hon. A. 
T. Davidson, Delegate from Cherokee county, which was ac- 
cepted by the Convention, and the President was directed to 
issue a writ of election to fill the vacancy, on the first Thurs- 
day in August next. 

The hour having arrived, the Convention took a recess until 
4 o'clock, P. M. 



4 O'clock, P. M. 

The Convention re-assembled, when Mr. Gilmer moved a call 
of the House, which being agreed to, the doors were closed, 
and the roll being called, the following gentlemen answered to 
their names : 

Messrs. Armfield, Ashe, Badger, Battle of Edgecombe, Bond, 
Dick, Foster of Randolph, Gorrell, Greenlee, Hamlin, Hearne, 
Ilolden, Holmes, Houston of Duplin, Howard, Jones of Cald- 
well, Joyce, Kittrell, Mann, Manning, Meares, Mebane, Mer- 
ritt, Miller, Moseley, Patterson, Penland, Rayner, Reid, Shipp, 
Speed, Stewait, Thomas of Carteret, Thomas of Jackson, Tracy, 
Venable* Williams and Winslow. 

On motion of Mr. Foy, further proceedings of the call were 
dispensed with, and the doors were opened. 



152 JOURNAL OF THE [June 22. 

Mr. Battle, of Wake, moved that the ordinance relating to 
the jurisdiction of the Courts, be postponed until to-morrow at 
11 o'clock, which was agreed to. 

Mr. Biggs offered a resolution authorizing the Public Treas- 
urer to borrow from the Banks the sum of $1,500,000, under 
certain conditions, which passed its first reading and was refer- ; 
red to the Committee on Finance. 

Mr. Smith, of Johnston, moved to take up and consider the 
ordinance relating to the suffrage of soldiers. 

Mr. Howard moved that the Convention resolve itself into 
Committee of the Whole, which taking precedence, was agreed to. 

The Convention then went into Committee of the Whole, 
Mr. Satterthwaite in the chair, and proceeded to consider the 
ordinance on Taxation and Revenue. 

After some time spent therein, the Committee rose, reported 
progress, and asked leave to sit again. 

Then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Saturday, June 22, 18G1. 

The President took the chair and called the Convention to 
order. 

The journal of yesterday was read and approved. - 

P. C. Henkel, Delegate from Catawba county, tendered his 
resignation, to take effect from and after the close of the pres : 
ent session, which was accepted, and the President was directed 
to issue his writ of election to fill the vacancy thus created, on 
the first Thursday in August next. 

On motion of Mr. Biggs, the Ordinance of Secession, with 
the names of the signers, and their respective counties, was 
ordered to be printed for the use of the Convention. 

Mr. Hicks, from the committee on that subject, reported an 
ordinance to amend the Constitution of the State, so as to define 
the age at which eligibility to a seat in the Genera! Assembly 
shall commence, which passed its first reading* 



1861,] STATE CONVENTION. 153 

Mr. Whitford, from the Committee on a State Flag, reported 
an ordinance relating thereto, which passed its several readings 
under a suspension of the rules, and was ordered to be enrolled. 

Mr. Strong offered a resolution authorizing the President, or 
any one of the five members empowered to call the Convention 
together in case of the death of the President, to receive resig- 
nations of members and issue writs of election to supply vacan- 
cies, which passed its first and second readings, and was ordered 
to a third reading to-morrow. 

Mr. Hicks offered a resolution' to refer the subject of certain 
lands, lying in Haywood county, belonging to alien enemies, to 
the committee on the Wilmington Public Meeting, and it was 
agreed to. 

On motion of Mr. Kittrell, the Secretary was directed to give 
official notification of their election to the Deputies of the Con- 
federate Congress, and to the members of the Board of Claims. 

Mr. Rayner introduced an ordinance declaring the political 
status of officers of the U. S. Army, who are natives of this 
State, which passed its first reading. 

The ordinance to amend the 18th Section of the Constitution 
of the State, was then read the second time, and on motion of 
Mr. Biggs, ordered to lie on the table. 

The resolution of Mr. Armfield, asking information of the 
Governor in relation to the striking of the names of certain 
officers in Yadkin county from the militia rolls of the State, 
was then taken up and agreed to. 

The ordinance in relation to the exercise of the elective 
franchise by citizen soldiers, on duty, was then passed on its 
second reading, and being read the, third time and amended, 
was, on motion of Mr. Battle, of Wake, re-committed to the 
committee, to which committee the names of Messrs. Barnes 
and Biggs were added. 

The ordinance relating to taxation, revenue and the public 
debt, being then read the third time, 

Mr. Woodfin offered an amendment thereto, which was ordered 
to be printed, and the subject was postponed until Monday at 
11 o'clock. 

20 

t 



154 JOURNAL OF THE [Junk 22, 

Mr. Woodfin introduced an ordinance relating to the juris- 
diction of the Superior Courts in criminal cases, which passed 
its first reading. 

The ordinance heretofore introduced by Mr. Batchelor, upon 
the same general subject, (being to protect property in these 
times of political trouble, against the rapacity of creditors,) 
was then taken up on its second reading. 

On motion of Mr. Howard, the Convention resolved itself 
into a Committee of the Whole, Mr. Biggs in the chair, to con- 
sider said ordinance, and that just offered by Mr. Woodfin. 

After so continuing for some time, the committee rose, re- 
ported the ordinance with certain amendments, and asked and 
obtained a discharge from its further consideration. 

Mr. Rayner moved that the subject lie on the table, and on 
this question the ayes and noes were ordered, on motion of 
Mr. Speed, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Ashe, Badger, Battle of Edgecombe. 
Biggs, Brodnax, Bunting, Caldwell, Dillard, Durham, Edwards, 
Eller, Foster of Ashe, Greenlee, Headen, Hearne, Henkel, 
Holmes, Houston of Union, Howard, Jones of Caldwell, Mc- 
Neill of Cumberland, McNeill of Harnett, Mitchell, Moseley, 
Osborne, Phifer, Rayner, Rhodes, Smith of Johnston, Stewart, 
Sutherland, Tracy, Turner, Ward and Williams — 36. 

Noes — Messrs. Armfield, Arrington, Batchelor, Battle of 
Wake, Berry, Brown, Calloway, Cannon, Christian, Councill, 
Craigc, Dardcn, Dick, Douthitt, Ferebce, Foy, Fuller, Gilmer, 
Gorrell, Green, Hargrove, Hicks, Johnston, Jones of Rowan, 
Leak of Richmond, Long, Manning, McDowell of Madison, 
Meares, Penland, Pettigrew, Sanders, Satterthwaite, Smith of 
Halifax, Smith of Macon, Speed, Sprouse, Spruill of Tyrrell, 
Strong, Thomas of Jackson, Thompson, Thornton, Venable, 
Warren, Washington, Williamson and Woodfin — 47. 

The hour having arrived, the Convention took a recess until 
4 o'clock, P. M. 



1861.] STATE CONVENTION. 156 

4 O'clock, P. M. 

The President called the Convention to order. 

Mr. Stewart moved that there be a call of the House, which 
was agreed to. The doors being closed, the roll was called, 
and the following gentlemen failed to answer to their names: 

Messrs. Allison, Armfield, Ashe, Badger, Berry, Bond, Cun- 
ningham, Douthitt, Foster of Randolph, Gilmer, Grimes, Ham- 
lin, Houston of Duplin, Joyce, Kittrell, McNeill of Harnett, 
Mebane, Osborne, Rayner, Reid, Rhodes, Royster, Sanders. 
Shipp, Turner, Washington, Whitford and Winslow. 

Messrs. Foster of Randolph, Mebane and Winslow' were 
reported to be sick, and were excused. 

On motion, further proceedings of the call were dispensed 
with, and the doors were opened. 

Mr. Barnes moved that the Convention adjourn, on which 
the ayes and noes were ordered, on motion of Mr. Satter- 
thwaite, and resulted in the negative, as follows : 

Ayes — Messrs. Barnes, Battle of Edgecombe, Cannon, Green, 
Speed, Spruill of Bertie, Spruill of Tyrrefl and Wilson — 8. 

Noes — Messrs. Allison, Arrington, Batchelor, Battle of Wake, 
Biggs, Brodnax, Brown, Bunting, Caldwell, Calloway, Christian, 
Councill, Darden, Dillard, Durham, Edwards, Eller, Ellison, 
Ferebee, Foster of Ashe, Foy, Fuller, Gorrell, Greenlee, Har- 
grove, Headen, Hearne, Henkel, Hicks, Holden, Holmes, Hous- 
ton of Union, Howard, Johnston, Jones of Caldwell, Jones of 
Rowan, Lander, Leak of Anson, Leak of Richmond, Long, 
Manning, McDowell of Burke, McDowell of Madison, McNeill 
of Cumberland, Meares, Merritt, Miller, Mitchell, Mo^eley. 
Myers, Patterson, Penland, Pettigrew, Phifer, Satterthwaite. 
Shaw, Smith of Halifax, Smith of Johnston, Smith of Macon, 
Sprouse, Stewart, Strong, Sutherland, Thomas of Carteret, 
Thomas of Jackson, Thornton, Tracy, Venable, Walton, Ward. 
Warren, Williams, Williamson and Woodfin — 74. 

Mr. Manning, from the committee on the Coalfields connec- 
tion with the railway system of the State, reported " An Ordi- 
nance to require the Governor and Public Treasurer to issue the 
coupon bonds of the State to the Western Railroad Company.'' 
which passed its first reading. 



156 JOURNAL OF THE [June 24, 

Mr. Smith, of Johnston, from the committee to whom the 
subject was re-committed, reported an ordinance in relation to 
the suffrage of citizen soldiers on duty, which was ordered to a 
third reading on Monday. 

Mr. Howard offered a resolution to' authorize the Governor 
to receive recruits for the first regiment of North Carolina Vol- 
unteers, which, by consent, passed its three several readings, 
and was ordered to be enrolled. 

Mr. Strong, from the committee on Enrollments, reported 
that the resolution just passed had been enrolled and found cor- 
rect ; whereupon it was signed by the President and attested by 
the Secretaries. 

The ordinance relating to the jurisdiction of the Courts, was 
then taken up, when Mr. Speed offered a substitute for the 
same. 

Mr. Myers offered an amendment to the substitute, it being 
the ordinance introduced this morning by Mr. Woodfin. 

Pending the consideration of which, on motion, the Conven- 
tion adjourned until Monday morning at 10 o'clock. 



IN CONVENTION, Monday, June 24, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of Saturday was read and approved. 

Mr. Biggs offered a resolution providing for the deposit and 
publication of the ordinances of the Convention, which, by 
consent, passed its three several readings, and was ordered to be 
enrolled. 

Mr. Biggs moved to take from the table his motion to re-con- 
sider the order for the adjournment of the Convention, on 
which motion the ayes and noes were ordered, on motion of Mi-. 
Jones, of Rowan, and resulted in the negative, as follows : 

Ayes — Messrs. Batchelor, Battle of Edgecombe, Biggs, Brod- 
nax, Bunting, Caldwell, Cunningham, Darden, Dillard, Durham. 
Edwards, Foy, Fuller, Greenlee, Hargrove, Henkel, Holmes. 



1861.] STATE CONVENTION. 157 

Houston of Union, Howard, Johnston, Lander, McDowell of 
Burke, McDowell of Madison, McNeill of Cumberland, Meares, 
Moseley, Penland, Rayner, Rhodes, Royster, Satterthwaite, 
Shaw, Smith of Halifax, Speed, Stewart, Strong, Sutherland, 
Thompson, Thornton, Tracy, Venable, Ward, Williams, 'Wil- 
liamson and Winslow — 45. 

Noes — Messrs. Allison, Armfield, Arrington, Barnes, Battle 
of Wake, Berry, Bond, Brown, Calloway, Cannon, Christian, 
Council, Dick, Eller, Ellison, Ferebee, Foster of Ashe, Fos- 
ter of Randolph, Gilmer, Graham, Green, Headen, Hearne, 
Holden, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, 
Leak of Anson, Leak of Richmond, Long, Merritt, Mitchell, 
Myers, Pettigrew, Phifer, Ruffin, Sanders, Smith of Johnston, 
Smith of Macon, Sprouse, Spruill of Tyrrell, Thomas of Car- 
teret, Turner, Walton, Warren, Washington, Wilson and Wood- 
fin— 49. 

The orders of the day being now called for, Mr. Venable 
moved to postpone the same, in order that the Convention might 
receive,. the report of a committee sent on a special mission: 
which was agreed to, and, then, the lobbies and galleries were 
cleared and the Convention proceeded to sit with closed doors. i 

After some time spent therein, the doors were opened, and the 
Convention proceeded to the consideration of the special order, 
viz : the ordinance relating to taxation, revenue, and the public- 
debt, which, after some discussion, was postponed until 4 o'clock, 
P. M., to-day. 

The ordinance to amend the 1st Section of the 1st Article 
of Amendments to the Constitution, was taken up and discussed, 
and, then, on motion, ordered to lie on the table. 

On motion of Mr. Smith, of Johnston, the ordinance reported 
by the committee in relation to the suffrage of citizen soldiers 
on duty, was then taken up, being on its third reading. 

Mr. Speed moved to amend the same by striking out the 
word "Captain," and inserting the words, " three freeholders 
of the company,'' pending the consideration of which, the hour 
arrived, and the Convention took a recess until 4 o'clock. 



158 JOURNAL OF THE [June 2<L 

1 O'clock, P. M, 

The Convention re-assembled and was called to order by the 
President. 

The Committee of the Whole to whom the ordinance relating 
to taxation, revenue, and the public debt had been referred, wae 
discharged from its further consideration. 

The Convention then proceeded to the consideration of the 
same. 

Mr. Biggs moved to strike out the word "may," in the 7th 
line of the 2nd Section, and insert the word "shall," which was 
agreed to. 

He also moved to insert the word "mental," after the word 
"bodily," in the 16th line, which was agreed to. 

Mr. Gorrell moved to amend by striking out all of the said 
ordinance which relates to a capitation tax on white males. 

Mr. Barnes gave notice of an amendment which he would 
offer at the proper time, which was read for information and 
ordered to be printed. 

Mr. Bond also gave notice of an amendment, which was 
ordered to be printed. 

On motion of Mr. Venable, Messrs. Greenlee and Penland 
obtained leave of absence from and after to-morrow. 

Mr. Badger moved an adjournment, on which the ayes and 
noes were ordered, on motion of Mr. Christian, and resulted in 
the negative, as follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Bond, Brod- 
nax, Cannon, Ferebee, Foster of Randolph, Foy, Gorrell, 
Headen, Holmes, Jones of Rowan, Kittrell, Mann, McNeill of 
Cumberland, Meares, Mitchell, Osborne, Patterson, Phifer, 
Rayner, Rufiin, Spruill of Tyrrell, Turner, Warren. Washington 
and Woodfin— 27. 

^oks — Messrs. Allison, Arrington, Barnes, Batchelor, Battle 
of Wake, Berry, Biggs, Brown, Bunting, Caldwell, Christian, 
Councill, Cunningham, Darden, Dick, Dillard, Durham, Edwards, 
Eller, Ellison, Foster of Ashe, Fuller, Gilmer, Graham, Green, 
Greenlee, Hamlin, Hargrove, Hearne. Henkel, Holden, Hous- 
ton of Union, Howard, Johnston, Jones of Caldwell, Joyce, 



1861.] STATE CONVENTION. 159 

Lander, Leak of Anson, Leak of Richmond, Long, McDowell 
of Burke, McDowell of Madison, McNeill of Harnett, Miller, 
Moody, Moseley, Myers. Penland, Pcttigrew, Rhodes, Roystcr, 
Sanders, Sattcrthwaite, Shaw, Smith of Halifax, Smith of 
Johnston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
Stewart, Strong, Sutherland, Thomas of Carteret, Thompson, 
Thornton, Tracy, Tenable, Williams, Williamson and Wilson — 71. 

Mr. Biggs moved to postpone the further consideration of the 
ordinance until to-morrow, and make it the special order for 10£ 
o'clock, A. M. 

Mr. Osborne moved to strike out "10£," and insert "10," 
which motion prevailed, and the motion of Mr. Biggs, as amend- 
ed, was then agreed to. 

Mr. Graham moved that the Convention now adjourn, on 
which the ayes and noes were ordered, on motion of Mr. Lander, 
and resulted m the negative, as follows: 

Ayes — Messrs. Arrington, Badger, Battle of Edgecombe, 
Berry, Bond, Brodnax, Cannon, Councill, Ferebee, Gilmer, Gor- 
rell, Graham, Headen, Holden, Jones of Caldwell, Joyce, Kit- 
trell, Long, Mann, Meares, Pettigrew, Phifer, Rayner, Ruffin, 
Smith of Macon, Spruill of Tyrrell, Turner, W r arren, Wash- 
ington and Wilson — 80. 

Noes — Messrs. Allison, Ashe, 'Barnes, Batchelor, Battle of 
Wake, Biggs, Brown, Bunting, Caldwell, Christian, Cunning- 
ham, Darden, Dick, Dillard, Durham, Edwards, Eller, Ellison, 
Foster of Ashe, Foy, Fuller, Green, Greenlee, Hargrove, 
Hearne, Henkel, Holmes, Howard, Johnston, Lander, Leak of 
Anson, Leak of Richmond. McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, McNeill of Harnett, Merritt, 
Miller, Moody, Moseley, Myers, Osborne, Penland, Rhodes, 
Royster, Sanders, Satterthwaite, Shaw, Smith of Halifax, 
Smith of Johnston, Speed, Sprouse, Spruill of Bertie, Stewart, 
Strong, Sutherland, Thomas of Carteret, Thompson, Thornton, 
Tracy, Venable, Williams, Williamson and Woodfin — 64. 

Mr. Brown moved a suspension of the rules, that he might 
offer an amendment thereto, so that the daily sessions of the 
Convention 3hall, hereafter, commence at 9| o'clock, A. M., 
and two-thirds voting therefor, the motion prevailed. 



100 JOURNAL OF THE [June 25, 

Mr. Smith, of Johnston, moved to amend by inserting "9" 
lor "9i,'' which was agreed to. 

The motion of Mr. Brown, as amended, was then agreed to. 

Mr. Biggs moved to take from the table the motion to recon- 
sider the vote by which the Convention agreed to adjourn on 
Wednesday next. 

Mr. Batchelor moved that the Convention adjourn, on which 
the ayes and noes were ordered, on motion of Mr. Lander, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Arrington, Badger, Barnes, Batchelor, Battle 
of Edgecombe, Battle of Wake, Berry, Bond, Brodnax, Brown. 
Bunting, Caldwell, Cannon, Council!, Dick, Eller, Ferebee, 
Fuller, Gilmer, Gorrell, Graham, Hamlin, Headen, Holden, 
Howard, Jones of Caldwell, Kittrell, Leak of Richmond, Long, 
Mann, McNeill of Cumberland, Mcares, Merritt, Miller, Os- 
borne, Pettigrew, Phifer, Rayner, Rhodes, Ruffin, Smith of 
Macon, Spruill of Tyrrell, Thomas, of Jackson, Turner, Warren, 
Washington, Williamson, Wilson and Woodfiri — 49. 

Noes — Messrs. "Allison, Arinfield. Ashe, Biggs. Christian, 
Cunningham, Darden, Dillard, Durham, .Edwards, Ellison, Fos- 
ter of Ashe, Foy, Green, Greenlee, Hargrove, Hearne, Henkel. 
Holmes, Johnston, Lander, Leak of Anson, McDowell of Burke, 
McDowell of Madison, McNeill of Harnett, Moody, Moseley, 
Myers, Penland, Royster, Sanders, Satterthwaite, Shaw, Smith 
of Halifax, Smith of Johnston, Speed, Sprouse, Spruill of Ber- 
tie, Stewart, Strong, Sutherland, Thomas of Carteret, Thomp- 
son, Thornton, Tracy and Williams — 4b\ - 

The Convention was then declared adjourned to 9 o'clock 
to-morrow morning. 



IN CONVENTION, Tuesday, June 25, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

Hon. Burton Craige, delegate from Rowan county, tendered his 
resignation as a member of the Convention, and the President 



is.;i.| STATE CONVENTION. 161 

was directed to issue bis writ of election to fill the vacancy, on 
the first Thursday in August next. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported the following ordinance and resolutions as having been 
enrolled and examined : 

An Ordinance in relation to a State Flag. 

A Resolution providing for the deposit and publication of the 
ordinances of the Convention. 

A Resolution to raise an additional battalion of cavalry. 

A Resolution directing a writ of election to the Sheriff of 
Bladen county, to fill the vacancy occasioned by the resignation 
of Hon. Thomas D. McDowell. 

Mr. Spruill, of Bertie, moved to take from the table the 
motion to re-consider the resolution of the Convention by which 
it was agreed to adjourn the present session on Wednesday 
next, at 7 o'clock, P. M. The motion prevailed, and the ques- 
tion was put : Will the Convention agree to re-consider ? It was 
determined in the negative, the ayes and noes being ordered, on 
motion of Mr. Biggs, as follows : 

Ayes — Messrs. Armfield, Arrington, Barnes, Batchelor, Bat- 
tle of Edgecombe, Battle of Wake, Berry, Bond, Cannon, 
Christian, Councill, Dick, Douthitt, Eller, Ellison, Ferebee, 
Foster of Randolph, Gilmer, Gorrell, Graham, Green, Hamlin, 
Headen, Holden, Jones of Caldwell, Joyce, Leak of Richmond, 
Long, Mann, McNeill of Harnett, Meares, Merritt, Pettigrew, 
Phifer, Rayner, Ruffin, Sanders, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Tyrrell, Thomas of Carteret, 
Turner, Warren, Washington and Wilson — 47. 

Noes — Messrs. Allison, Ashe, Biggs, Brodnax, Bunting, 
Caldwell, Cunningham, Darden, Dillard, Durham, Edwards, 
Foster of Ashe, Foy, Fuller, Greenlee, Hargrove, Hearne, 
Henkel, Holmes, Houston of Union, Howard, Johnston, Lan- 
der, Leak of Anson, McDowell of Burke, McDowell of Madi- 
son, McNeill of Cumberland, Miller, Moody, Moseley, Myers, 
Penland, Rhodes, Royster, Satterthwaite, Shaw, Smith of 
Halifax, Spruill of Bertie, Stewart, Strong, Sutherland, Thomp- 
21 



162 JOURNAL OF THE [June 2o, 

son, Thornton, Tracey, Venable, Walton, Ward, Williams and 
Williamson — 49. 

Mr. Williamson offered the following resolution, which lies 
over one day: 

Resolved, That no delegate shall speak more than five min- 
utes upon any question that may hereafter come before the 
Convention during its present session. 

On motion of Mr. Barnes, the Convention proceeded to the 
consideration of the ordinance on the subject of taxation, reve- 
nue and the public debt. 

Mr. Foster, of Randolph, gave notice of an amendment to 
the second section, which he would offer at the proper time. 

Mr. Ruffin moved to amend by inserting the words, " nor 
slaves," after the word "person," in the 5th line of the 2nd 
section, which was agreed to ; and, in the same line, between 
the words "to" and "taxation," the word "such," which 
was also agreed to. 

Mr. Gilmer moved to amend by striking out the word "less," 
in the third line, and inserting the word "more," and it was 
not agreed to. 

The question then being on Mr. Gorrell's amendment, to 
strike out all of said section which provides for a capitation 
tax on white persons, the ayes and noes were ordered thereon, 
on motion of Mr. Batchelor, and resulted in the negative, as 
follows : 

Ayes — Messrs. Armfield, Christian, Dick, Durham, Foster 
of Ashe, Gilmer, Gorrell, Green, Headen, Jones of Rowan, 
Joj'ce, Long, McDowell of Madison, Meares, Osborne, Shipp, 
Smith of Johnston, Speed, Spruill of Tyrrell, Warren and 
Woodfin— 21. 

Noes — Messrs. Allison, Arlington, Ashe, Badger, Barnes, 
Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Biggs, 
Bond, Brodnax, Brown, Bunting, Caldwell, Cannon, Councill, 
Cunningham, Dardcn, Dillard, Douthitt, Edwards, Eller, Elli- 
son, Ferebee, Foy, Fuller, Graham, Greenlee, Hargrove, Hearne, 
Ilenkel, Holden, Holmes, Howard, Johnston, Jones of Cald- 
well, Kittrell, Lander, Leak of A.nson, Leak of Richmond, 
Mann, McNeill of Cumberland, McNeill of Harnett, Merritt, 



1861.] STATE CONVENTION. 163 

Miller, Moody, Moseley, Penland, Pettigrew, Phifer, Rayner, 
Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Shaw, Smith 
of Halifax, Smith of Macon, Sprouse, Spruill of Bertie, Stew- 
art, Strong, Sutherland, Thomas of Carteret, Thompson, Thorn- 
ton, Tracy, Turner, Venable, Walton, Ward, Washington, Wil- 
liams, Williamson and Wilson — 78. 

The hour having arrived, the Convention then took a recess 
until 4 o'clock, P. M. 



4 O'clock, P. M. 

The President laid before the Convention several communi- 
cations from different departments of the war service, in answer 
to the resolutions of the Convention, passed on yesterdav, 
Avhich Avere read and ordered to be printed. 

The ordinance on taxation, revenue, and the public debt, was 
taken up for consideration. 

Mr. Howard gave notice of an amendment he desired to 
offer at the proper time, exempting free negroes from taxation. 

Mr. Wilson moved to amend the second' section, 11th line, by 
inserting between the words, "properties" and "in," "or on 
their individual value ;" on which the ayes and noes were 
ordered, on motion of the mover, and resulted in the negative, 
as follows : 

Ayes — Messrs. Allison, Barnes, Battle of Wake, Cannon, 
Christian, Councill, Dick, Douthitt, Durham, Eller, Foster of 
Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Headen, 
Holden, Jones of Rowan, Leak of Anson, Leak of Richmond, 
Long, Mann, Miller, Mitchell, Osborne, Phifer, Sanders, Smith 
of Johnston, Smith of Macon, Speed, Sprouse, Spruill of Ber- 
tie, Thomas of Jackson, Warren, Wilson and Woodfin — 36. 

Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
combe, Berry, Biggs, Brodnax, Brown, Bunting, Caldwell, 
Cunningham, Darden, Dillard, Edwards, Ellison, Ferebee, Foy, 
Fuller, Hargrove, Hearne, Henkel, Holmes, Houston of Union, 
Howard, Johnston, Jones of Caldwell, Lander, McDowell of 



164 JOURNAL OF THE [June 25, 

Burke, McDowell of Madison, McNeill of Cumberland, Mc- 
Neill of Harnett, Moody, Moseley, Patterson, Penland, Petti- 
grew, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Smith of 
Halifax, Spruill of Tyrrell, Stewart, Strong, Sutherland, Thorn- 
ton, Tracy, Turner, Venable, Walton, Ward, Washington, Wil- 
liams and Williamson — 55. 

Mr. Foster, of Randolph, moved to amend the same section 
by striking from the second and third lines, the words, "not 
less than the tax laid on land of the value of three hundred 
dollars," on which the ayes and noes were ordered, on motion 
of Mr. Foster, of Randolph, and resulted in the negative,, as 
follows : 

Ayes — Messrs. Barnes, Battle of Wake, Christian, Dick, 
Douthitt, Durham, Eller, Foster of Randolph,- Gilmer, Gorrell, 
Green, Hamlin, Headen, Holden, Jones of Rowan, Kittrell, 
Leak of Anson, Long, McDowell of Madison, Osborne, San- 
ders, Shipp, Smith of Johnston, Smith of Macon, Spruill of 
Bertie, Thomas of Jackson, Warren, Wilson and Woodfin— 29. 

Noes — Messrs. Allison, Arrington, Badger, Batchelor, Bat- 
tle of Edgecombe, Berry, Biggs, Bond, Brodnax, Brown, Bunt- 
ing, Caldwell, Cannon, Councill, Cunningham, Darden, Dillard, 
Edwards, Ellison, Ferebee, Foster of Ashe, Foy, Fuller, Gra- 
ham, Greenlee, Hargrove, Hearne, Henkel, Holmes, Houston 
of Union, Howard, Johnston, Jones of Caldwell, Lander, Leak 
of Richmond, Mann, McDowell of Burke, McNeill of Cumber- 
land, McNeill of Harnett, Merritt, Miller, Mitchell, Moody, 
Moseley, Patterson, Penland, Pettigrew, Phifer, Rhodes, Roys- 
ter, Ruffin, Satterthwaite, Shaw, Smith of Halifax, Speed, 
Sprouse, Spruill of Tyrrell, Strong, Sutherland, Thompson, 
Thornton, Tracy, Turner, Venable, Walton, Ward, Washing- 
ton, Williams and Williamson— 70. 

Mr. Howard moved to amend by striking out the words, "not 
less than," and inserting, "equal to," which was not agreed to. 

Mr. Barnes offered to amend as follows : Strike out the 2nd 
section and insert the following : 

"1. Taxation upon land and slaves shall be equal and uni- 
form throughout the State in proportion to value, such value to 
be ascertained as may be directed by law. 



1861.] STATE CONVENTION. 165 

" 2. Capitation tax shall be equal throughout the State upon 
all individuals subject to the same. 

" 3. All free males of the age of twenty-one years, and under 
the age of forty-five years, shall be subject to capitation tax, 
and no other person shall be subject to such tax ;, Provided, 
That nothing herein contained shall prevent the exemption from 
taxation of soldiers in the public service,, or of free males in 
cases of bodily or mental infirmity, or of such real estate as 
hath hitherto been exempted by law." 

On this amendment the ayes and noes were ordered, on mo- 
tion of Mr. Barnes, and resulted in the negative, as follows : 

Ayes — Messrs. Barnes, Battle of Wake, Bond, Cannon, 
Christian, Councill, Dick, Douthitt, Eller, Foster of Ashe 
Fostei of Randolph, Gilmer, Gorrell, Green, Headen, Holden 
Jones of Rowan, Kittrell, Leak of Anson, Long, Mann, Mcr- 
ritt, Mitchell, Osborne, Sanders, Shipp, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Bertie, Warren 
Wilson and Woodfin— 34. 

Noes — Messrs. Allison, Arrington, Ashe. Badger, Batchc- 
lor, Battle of Edgecombe, Berry, Biggs, Brodnax, Brown, 
Bunting, Caldwell, Cunningham, Darden, Dillard, Durham, 
Edwards, Ellison, Ferebee, Foy, Fuller, Graham, Greenlee, 
Hamlin, Hargrove, Hearne, Henkel, Holmes, Houston of Union, 
Howard, Johnston, Jones of Caldwell, Lander, Leak of Rich- 
mond, McDowell of Burke, McDowell of Madison, McNeill of 
Cumberland, McNeill of Harnett, Miller, 'Moody, Moseley, 
Patterson, Penland, Pettigrew, Rayner, Rhodes, Royster, Ruf- 
fin, Satterthwaite, Shaw, Smith of Halifax, Spruill of Tyrrell, 
Stewart, Strong, Sutherland, Thompson, Thornton, Tracy, 
Turner, Venable, Walton, Ward, Washington, Williams and 
Williamson — 65. . 

Mr. Eller moved to amend the third Section, by striking out 
the word "majority," and inserting the word, "two-thirds," 
which was not agreed to. 

Mr. Smith, of Macon, moved to strike out the third Section, 
and on this motion the ayes and noes were ordered, and resulted 
in the affirmative, as follows : 



166 JOURNAL OF THE [June 25, 

Aye* — Messrs. Barnes, Battle of Wake, Berry, Bond, 
Brown, Cannon, Christian, Council], Dick, Douthitt, Durham, 
Eller, Foster of Ashe, Foster of Randolph, Fuller, Gilmer, Gor- 
rell, Graham, Green, Greenlee, Hamlin, Headen, Hearne, Hol- 
clen, Houston of Union, Johnston, Jones of Caldwell, Jones of 
Rowan, Kittrell, Lander, Leak of Anson, Leak of Richmond, 
Long, Mann, McDowell of Burke, McDowell of Madison, Mc- 
Neill of Cumberland, McNeill of Harnett, Meares, Merritt, 
Miller, Myers, Osborne, Penland, Satterthwaite, Shipp, Smith 
of Johnston, Smith of Macon, Speed, Sprouse, Spruill of Ber- 
tie, Thomas of Jackson, Tracy, Turner, Warren, Wilson and 
Woodfin— 57. 

Noes — Messrs. AJlison, Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Brodnax, Bunting, Cunningham, Darden, Dil- 
lard, Edwards, Ellison, Ferebee, Foy, Hargrove, Henkel, 
Holmes, Howard, Mitchell, Moseley, Pettigrew, Phifer, Rayner, 
Rhodes, Royster, Ruffin, Sanders, Shaw, Smith of Halifax, 
Spruill of Tyrrell, Strong, Sutherland, Thompson, Thornton, 
Yenable, Walton, Ward, Washington, Williams and William- 
son — 40. 

Mr. Batchelor moved to insert, ;is Section 8, all of said Sec- 
tion as reported by the committee, down to the word "nays," 
in the 8th line, and from the 35th line down to the word "in- 
vasion," the effect of which was to limit the State debt to $20,- 
000,000, except in cases of war, insurrection or invasion, on 
which the ayes and noes were ordered, and resulted in the neg- 
ative, as follows : 

Ayes — Messrs. Arrington, Batchelor, Battle of Edgecombe, 
Battle of Wake, Berry, Biggs, Brodnax, Brown, Bunting, Can- 
non, Cunningham, Darden, Dillard, Edwards, Ellison, Ferebee, 
Gorrell, Green, Hargrove, Holmes, Howard, Moody, Moseley, 
Pettigrew, Phifer, Rayner, Royster, Sanders, Shaw, Smith of 
Halifax, Spruill of Bertie, Spruill of Tyrrell, Strong, Suther- 
land, Thompson, Thornton, Venable, Walton, Ward, Washing- 
ton, Williams, Williamson and Winslow — 4o. 

Noes — Messrs. Allison, Ashe, Barnes, Bond, Caldwell, Chris- 
tian, Councill, Dick, Douthitt, Durham, Eller, Foster of Ashe, 



1861.] STATE CONVENTION. 167 

Foster of Randolph, Fuller, Gilmer, Graham, Greenlee, Ham- 
lin, Headen, Hearne, Henkel, Holden, Houston of Union, 
Johnston, Jones of Caldwell, Jones of Rowan, Kittrell, Lan- 
der, Leak of Anson, Leak of Richmond, Long, Mann, McDowell 
of Burke, McDowell of Madison, McNeill of Cumberland, 
McNeill of Harnett, Meares, Merritt, Miller, Myers, Osborne, 
Patterson, Penland, Rhodes, Satterthwaite, Shipp, Smith of 
Johnston, Smith of Macon, Speed, Sprouse, Stewart, Thomas 
of Jackson, Tracy, Turner, Warren, Wilson and Woodfin — 57. 

Mr. Graham moved to amend by striking out all of the 2nd 
section, after the word taxation, in the oth line, and inserting 
that, " all property on which taxes are imposed, shall be taxed 
equally, accordingly to value, to be ascertained by law." 

Mr. Smith, of Johnston, moved to amend the amendment by 
adding, " except gold and silver plate, carriages, bank stock, 
and State bonds, which may be taxed specifically," which was 
not agreed to. 

Mr. Biggs moved to amend the amendment by inserting the 
27th and 28th sections of the 7th article of the Constitution of 
Texas, which is in these words : "Taxation shall be equal and 
uniform throughout the State. All property in the State shall 
be taxed in proportion to its value, to be ascertained as direct- 
ed by law ; except such property as two-thirds of both houses 
of the Legislature may think proper to exempt from taxation. 
The Legislature shall have power to lay an income tax, and to 
tax all persons pursuing any trade, occupation or profession : 
Provided, That the term "occupation," shall not be construed 
to apply to pursuits, either agricultural or mechanical. 

" The Legislature shall have power to provide, by law, for 
exempting from taxation two hundred and fifty dollars of the 
household furniture or other property belonging to each family 
in the State." 

On this motion the ayes and noes were ordered, on motion 
of Mr. Biggs, and resulted in the negative, as follows : 

Ayes — Messrs. Arrington, Batchelor, Battle of Edgecombe, 
Biggs, Bunting, Caldwell, Councill, Cunningham, Darden, 
Durham, Foy, Greenlee, Hargrove, Henkel, Howard, Johnston, 



168 JoFRNAL OK THE [Jink -J.». 

Lander, McDowell of Burke, McDowell of Madison, McNeill 
Of Cumberland, Miller, Moody, Moseley, Osborne, Penland, 
Rhodes, Roystcr, Shaw, Smith of Johnston, Sprouse, Spruill of 
Bertie, Stewart, Strong, Thomas of Jackson, Thompson, Thorn- 
ton, Tracy, Tenable, Williams, Winslow and Woodfin — 41. 

Noes — Messrs. Allison, Armfield, Barnes, Battle of Wake, 
Berry, Bond, Brown, Cannon, Christian, Dirk, Dillard, Dou- 
thitt, Eller, Ellison, Foster of Ashe, Foster of Randolph, Ful- 
ler, Gilmer, Gorrell, Graham, Green, Hamlin, Headen, Hearne, 
Ilolden, Houston of Union, Jones of Caldwell, Jones of Rowan, 
Kittrell, Leak of Anson, Leak of Richmond, Long, Mann, 
McNeill of Harnett, Meares, Merritt, Myers, Patterson, Petti- 
grew, Phifer, Rayner, Ruffin, Sanders, Satterthwaite, Shipp, 
Smith of Macon, Speed, Spruill of Tyrrell, Sutherland, Turner, 
Ward, Warren, Washington, Williamson and Wilson — 55. 

The question recurring on the adoption of the amendment of 
Mr. Graham, the ayes and noes w r ere ordered, on motion of Mr. 
Biggs, and resulted in the negative, as follows : 

Ayes— Messrs. Berry, Bond, Cannon, Christian, Council], 
Dick, Douthitt, Durham, Ellison, Foster of Ashe, Gilmer, Gra- 
ham, Headen, Hearne, Houston of Union, Kittrell, Leak of 
Anson, Long, Meares, Myers, Phifer, Sanders, Smith of John- 
ston, Smith of Macon, Sprouse, Spruill of Bertie, Thomas of 
Jackson, Turner, Warren and Wilson — 82. 

Noes — Messrs. Allison, Armfield, Arrington, Ashe, Barnes, 
Batchelor, Battle of Edgecombe, Battle of Wake, Biggs, Brown, 
Bunting, Caldwell, Cunningham, Dardcn, Dillard, Eller, Foster 
of Randolph, Foy, Fuller, Gorrell, Green, Greenlee, Hargrove, 
Ilenkel, Ilolden, Holmes, Howard, Johnston, Jones of Cald- 
well, Jones of Rowan, Lander, Leak of Richmond, Mann, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Merritt, Miller, Moody, Moseley, 
Osborne, Patterson, Penland, Pcttigrew, Rhodes, Royster, 
Ruffin, Satterthwaite, Shaw, Shipp, Speed, Spruill of Tyrrell, 
Stewart, Strong, Sutherland, Thompson, Thornton, Tracy, 
Venable, Walton, Ward, Washington, Williams, Williamson, 
Winslow and Woodfin — GO. 



1861.] STATE CONVENTION. 169 

Mr. Ashe moved to postpone the subject until the loth day 
of November next ; on which motion, the ayes and noes were 
ordered, on motion of Mr. Graham, and resulted in the nega- 
tive, as follows : 

Ayes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
combe, Biggs, Brown, Bunting, Cunningham, Darden, Dillard, 
Durham, Edwards, Foy, Fuller, Henkel, Holmes, Howard, 
McNeill of Cumberland, McNeill of Harnett, Moody, Moseley, 
Penland, Rhodes, Shaw, Smith of Halifax, Strong, Sutherland, 
Thomas of Jackson, Thompson, Thornton, Tracy, Walton, 
Ward, Williams, Williamson and Winslow — 36. 

Noes — Messrs. Allison, Armfield, Barnes, Battle of Wake, 
Berry, Bond, Brodnax, Caldwell, Cannon, Christian, Councill, 
Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Fos- 
ter of Randolph, Gilmer, Gorrell, Graham, Green, Greenlee, 
Hamlin, Hargrove, Headen, Hearne, Holden, Houston of 
'Union, Johnston, Jones of Caldwell, Jones of Rowan, Kittrell, 
Lander, Leak of Anson, Leak of Richmond, Long, Mann, Mc- 
Dowell of Burke, McDowell of Madison, Merritt, Miller, Myers, 
Osborne, Patterson, Pettigrew, Phifer, Rayner, Royster, Ruffin, 
Sanders, Satterthwaite, Shipp, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
Stewart, Turner, Venable, Warren, Washington, Wilson and 
Woodfin — GQ. 

Mr. Gilmer moved to strike out the second Section and insert 
as follows : 

Be it further ordained, That all free persons over the age of 
twenty one years, and under the age of forty-five years, shall 
be subject to a capitation tax not more nor less than the tax 
laid on three hundred dollars worth of land and slaves, and no 
other free person or slave shall be liable for such taxation, and 
also land and slaves shall be taxed according to their value, 
and the tax on slaves shall be as much, but not more than that 
on land according to their respective value ; but the tax on 
slaves may be laid on their general average value in the State, 
or on their value in classes, in respect to age, sex, and other 
distinctive properties, or on their individual value, in the dis- 
22 



170 journal of tji.k •pwn.26, 

cretion of the General Assembly, and the value be assessed in 
such modes as may be prescribed by law : Provided, That 
nothing herein contained shall prevent the exemption from tax- 
ation of soldiers in the public service, or of free males or slaves, 
in cases of mental or bodily infirmity, or of such real estate as 
hath hitherto been exempted by law." 

On this amendment the ayes and noes were ordered, on mo- 
tion of Mr. Gilmer, and resulted in the negative, as follows : 

Ayes — Messrs. Armfield, Barnes, Battle of Wake, Christian, 
Councill, Dick, Douthitt, Eller, Foster of Ashe, Foster of. Ran- 
dolph,Gilmer,Gorrell, Green, Headen, Holden, Houston of Union, 
Kittrell, Leak of Richmond, Long, Mann, Merritt, Osborne, 
Shipp, Smith of Johnston, Smith of Macon, Sprouse, Spruill of 
Bertie, Thomas of Jackson, Warren, Wilson and Woodfin — 31. 
Noes — Messrs. Allison, Arrington, Ashe, Batchelor, Battle 
of Edgecombe, Berry, Biggs, Brown, Bunting, Caldwell, Can- 
non, Cunningham, Darden, Dillard, Durham, Ellison, Foy, 
Fuller, Graham, Greenlee, Hamlin, Hargrove, Hearne, Henkel, 
Holmes, Howard, Johnston, Jones of Caldwell, Jones of Rowan, 
Lander, Leak of Anson, McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, McNeill of Harnett, Meares, 
Miller, Moody, Moseley, Myers, Patterson, Penland, Pettigrew, 
Phifer, Rayner, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, 
Speed, Spruill of Tyrrell, Stewart, Strong, Sutherland, Thomp- 
son, Thornton, Tracy, Turner, Venable, Ward, Washington, 
Williams, Williamson and Winslow — 65. 

Mr. Bond offered the following as a substitute for section 2 : 
"That all free males over the age of twenty-one years and 
under the age of forty-five years, shall be subject to a capita- 
tion tax, not less than the tax laid on land of the value of 
three hundred dollars, and no other free person shall be liable 
to taxation ; and, also, land and slaves shall be taxed according 
to their value, and the tax on slaves shall be as much, but not 
more than that on land, according to their respective values, 
and the value be assessed in such modes as may be prescribed 
by law: Provided, That nothing herein contained shall prevent 
the exemption from taxation of such real estate as hath hitherto 
been exempted by law." 



1861.] STATE CONVENTION. 171 

On this the ayes and noes were ordered, on motion of Mr. 
Bond, and resulted in the negative, as follows : 

Ayes — Messrs. Armfield, Battle of Wake, Bond, Christian 
Councill, Dick, Douthitt, Eller, Foster of Ashe, Foster of Ran- 
dolph, Gilmer, Green, Headen, Holden, Kittrell, Long, Mann, 
Merritt, Sanders, Smith of Johnston, Smith of Macon, Sprouse. 
Spruill of Bertie, Warren and Wilson — 25. 

Noes — Messrs. Allison, Arlington, Ashe, Barnes, Batchelor, 
Battle of Edgecombe, Berry, Biggs, Brown, Bunting, Caldwell. 
Cannon, Cunningham, Darden, Dillard, Durham, Ellison, Foy, 
Fuller, Gorrell, Graham, Greenlee, Hamlin, Hargrove, Hearne, 
Henkel, Holmes, Houston of Union, Howard, Johnston, Jones 
of Caldwell, Jones of Rowan, Leak of Anson, Leak of Rich- 
mond, McDowell of Burke, McDowell of Madison, McNeill of 
Cumberland, McNeill of Harnett, Meares, Miller, Moody, 
Myers, Osborne, Patterson, Penland, Pettigrew, Phifer, Rayner, 
Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Speed, Spruill 
of Tyrrell, Stewart, Strong, Sutherland, Thomas of Jackson, 
Thompson, Thornton, Tracy, Turner, Venable, Ward, Washing- 
ton, Williams, Williamson, Winslow and Woodfin — 71. 

Mr. Merritt moved to amend so as to provide that the ordi- 
nance should take effect when ratified by the people at an elec- 
tion to be held, on a day, and in a manner to be provided for by 
this Convention, and it was not agreed to. 

Mr. Foy moved to strike out the word, "that," in the — line, 
and insert in lieu thereof, the words "the rate of taxation," 
which was not agreed to. 

Mr. Thomas, of Jackson, moved to amend by providing that 
the tax on Bank Stock, State securities, Bonds, and evidences 
of debt, bearing interest, shall not be taxed at a higher rate 
than land, which was not agreed to. 

Mr. Smith, of Johnston, proposed an amendment, requiring 
the County Courts to tax, for county purposes, any subject taxed 
by the State for State purposes, which was not agreed to. 

The question then recurred on the passage of the ordinance 
as amended, its third reading ; the ayes and noes were ordered, 
on motion of Mr. Biggs, and resulted in the affirmative, as fol- 
lows : 



172 JOURNAL OF THE [June 26, 

Ayes — Messrs. Allison, Armfield, Arrington, Barnes, Batch- 
elor, Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bond ? 
Brown, Caldwell, Cannon, Christian, Councill, Darden, Dick, 
Dillard, Douthitt, Durham, Ellcr, Ellison, Ferebee, Foster of 
Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gorrell, Gra- 
ham, Greenlee, Hamlin, Hargrove, Headen, Hearne, Henkel, 
Holden, Houston of Union, Howard, Johnston, Jones of Cald- 
well, Jones of Rowan, Kittrell, Lander, Leak of Anson, Leak 
of Richmond, Long, Mann, McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, McNeill of Harnett, Meares, 
Merritt, Miller, Mitchell, Moody, Myers, Osborne, Patterson, 
Penland, Pettigrew, Phifcr, Rayner, Royster, Ruffin, Sanders, 
Satterthwaite, Shipp, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
Tyrrell, Stewart, Strong, Sutherland, Thompson, Tracy, Turner, 
Venable, Washington, Williamson, Wilson, Winslow and Wocd- 
fin— 88. 

Noes — Messrs. Ashe, Bunting, Cunningham, Green, Holmes, 
Moseley, Rhodes, Shaw, Thornton, Ward and Williams — 11. 

Mr. Ruffin moved that the title be made to read as follows : 
" An Ordinance relating to taxation," which was agreed to. 

Mr. Brown offered an ordinance providing for the submission 
of the several amendments to the Constitution adopted by the 
Convention, to the people of the State, which passed its first 
reading. 

Then, on motion, the Convention adjourned. 



IN CONVENTION, Wednesday, June 26, 1861. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Thomas E. Skinner, of the Baptist 
Church. 

The journal of yesterday was read and approved. 

Mr. Batchelor introduced an ordinamce to amend the Consti- 
tution of the State, so as to limit the public debt, which passed 
its first reading. 



1861.] STATE CONVENTION. 173 

Mr. Graham offered a resolution authorizing the Public Treas- 
urer to pay each of the doorkeepers of this Convention the sum 
of fifty dollars for extra services, servant hire, and other inci- 
dental expenses, which, the rules being suspended, passed its 
three several readings, and was ordered to be enrolled. 

The President laid before the Convention a communication 
from L. O'B. Branch, Quartermaster General, which was read 
and laid on the table. 

Mr. Howard moved to take up the ordinance heretofore 
introduced by him, to pay the militia of the State when called 
into actual service, which was agreed to, and under a suspension 
of the rules, the oame passed! the second and third readings, 
and was ordered to be enrolled. 

Mr. Christian offered a resolution asking information of the 
proper department, in relation to the price paid by the State 
for cartridge-boxes, which lies over one day. 

The order of the day, being the ordinance to provide .for the 
disposition of the State Troops and Volunteers, was then called up. 

On motion of Mr. Graham, the lobbies and galleries were 
cleared, and the Convention proceeded to sit with closed doors. 

After some time spent therein, the doors were opened, when 
Mr. Battle, of Wake, moved to suspend the consideration of the 
subject, in order that he might offer a resolution, on which the 
ayes and noes were ordered, on motion of Mr. Barnes, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes 
Batchelor, Battle of Wake, Berry, Cannon, Christian, Councill 
Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster 
of Randolph, Gilmer, Gorrell, Graham, Ilolden, Jones of Rowan 
Leak of Anson, Leak of Richmond, Long, Mann, McNeill of 
Cumberland, McNeill of Harnett, Merritt, Mitchell, Pettigrew, 
Phifer, Rayner, Ruffin, Sanders, Smith of Halifax, Smith of 
Macon, Sprouse, Spruill of Tyrrell, Venable, Warren, Washing- 
ton and Wilson — 44. 

Noes — Messrs. Aslie, Biggs, Brown, Bunting, Caldwell, Cun- 
ningham, Darden, Dillard, Durham, Edwards, Fuller, Hamlin, 
Hargrove, Headen, Henkel, Holmes, Howard, Lander, Mc- 



174 JOURNAL OF THE [June 26, 

Dowell of Burke, McDowell of Madison, Miller, Moseley, Os- 
borne, Rhodes, Royster, Satterthwaite, Spruill of Bertie, Stew- 
art, Strong, Sutherland, Thomas of Jackson, Thompson, Thorn- 
ton, Tracy, Turner, Ward, Williamson and Woodfin — 37. 

Mr. Battle, of Wake, then offered the resolution of which he 
gave notice on yesterday, that the resolution of the Convention, 
by which it was determined to adjourn. this day at 7 o'clock, P. 
M., be rescinded. 

The question of order was here raised, whether the resolution 
was not required, under the rules, to lie over one day for con- 
sideration. 

The President decided that it was ; but that a motion to sus- 
pend the rule was in order, which would require an affirmative 
two-thirds vote to sustain it. 

From this decision an appeal was taken by Mr. Badger, to 
the Convention, and the question was put, " shall the decision 
of the President stand as the judgment of the Convention?" 

On this question the ayes and noes were ordered, on motion 
of Mr. Cunningham, and resulted in the negative, as follows: 

Ayes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
Brown, Bunting, Caldwell, Cunningham, Dillard, Durham, Har- 
grove, Henkel, Holmes, Leak of Richmond, McDowell of Burke, 
McDowell of Madison, Meares, Miller, Moseley, Rhodes, Roys- 
ter, Ruffin, Satterthwaite, Shaw, Smith of Halifax, Spruill of 
Bertie, Strong, Sutherland, Thompson, Thornton, Tracy, Ward, 
Williamson and Woodfin — 35. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Battle of Wake, Berry, Brodnax, Cannon, Christian, Councill, 
Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster 
of Randolph, Gilmer, Gorrell, Graham, Holden, Howard, Jones 
of Caldwell, Jones of Rowan, Lander, Leak of Anson, Long, 
McNeill of Cumberland, McNeill of Harnett, Mcrritt, Mitchell, 
Pettigrew, Phifer, Rayner, Sanders, Smith of Macon, Speed, 
Sprouse, Spruill of Tyrrell, Turner, Venable, Warren, Wash- 
ington and Wilson — 45. 

The question being then on the Resolution of Mr. Battle, of 
Wake, 



1861.] STATE CONVENTION. 1~?5 

Mr. Venable moved to amend by adding the words, "and this 
Convention will adjourn to-night at 12 o'clock." 

Mr. Ellison moved to amend the amendment, by striking out 
the words, "to-night at 12 o'clock," and insert "Saturday next, 
at 2 o'clock." 

On this amendment the ayes and noes were ordered, on motion 
of Mr. Ellison, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Arrington, Badger, Batchelor, Bond, 
Brodnax, Christian, Councill, Dick, Douthitt, Eller, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Ilolden, Jones of Caldwell, Kittrell, Long, Mann, 
McNeill of Cumberland, McNeill of Harnett, Meares, Merritt, 
Mitchell, Pettigrew, Phifer, Rayner, Ruffin, Satterthwaite, Shipp, 
Smith of Macon, Speed, Spruill of Tyrrell, Turner, Warren, 
Washington and Wilson — 41. 

Noes — Messrs. Ashe, Barnes, Battle of Edgecombe, Battle of 
Wake, Berry, Biggs, Brown, Bunting, Caldwell, Cunningham, 
Darden, Dillard, Durham, Edwards, Fuller, Hargrove, Headen, 
Ilenkel, Holmes, Howard, Jones of Rowan, Lander, Leak of 
Anson, Leak of Richmond, McDowell of Burke, McDowell of 
Madison, Miller, Moseley, Osborne, Royster, Sanders, Shaw, 
Smith of Halifax, Sprouse, Spruill of Bertie, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
Venable, Ward, Williams, Williamson and Woodfin — 47. 

Mr. Rayner moved to strike out the same words, and insert, 
"Friday next, at 2 o'clock, P. M.," and it was agreed to. 

Mr. Badger moved to amend by adding that part of the re- 
scinded resolution which provides for the re-assembling of the 
Convention, and it was agreed to. 

The question being then on the passage of the resolution as 
amended, the ayes and noes were ordered, on motion of Mr. 
Brown, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Battle of Wake, Berry, Bond, Brodnax, Cannon, 
Christian, Councill, Dick, Douthitt, Eller, Ellison, Ferebee, 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Grahiim, 
Headen, Holden, Jones of Caldwell, Jonea of Rowan, Kittrell, 



166 JOURNAL OF THE [June 26, 

Long, Mann, McNeill of Cumberland, McNeill of Harnett, 
Meares, Merritt, Pettigrcw, Phifcr, Rayner, Rhodes, Ruffin, 
Sanders, Shipp, Smith of Halifax, Smith of Macon, Speed, 
Sprouse, Spruill of Tyrrell, Turner, Warren, Washington and 
Wilson— 50. 

Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brown, 
Bunting, Caldwell, Cunningham, Darden, Dillard, Durham, 
Edwards, Fuller, Hargrove, Henkel, Holmes, Howard, Lander, 
Leak of Anson, Leak of Richmond, McDowell of Burke, Mc- 
Dowell of Madison, Miller, Moseley, Royster, Shaw, Spruill of 
Bertie, Stewart, Strong, Sutherland, Thomas of Jackson, 
Thompson, Thornton, Tracy, Venable, Ward, Williams, Wil- 
liamson and Woodfin— 38. 

Mr. Badger now inquired whether the Resolution required 
three readings. 

The President decided that, inasmuch as it repealed a reso- 
lution on which the Convention, by its action, held three read- 
ings to be necessary, and which he regarded therefore as a law, 
in his opinion it did require three readings. 

From this decision, Mr. Badger appealed to the Convention, 
and the question was put, " Shall the decision of the Chair stand 
as the judgment of the House ?" 

On this question the ayes and noes were ordered, on motion 
of Mr. Badger, and resulted in the negative, as follows : 

Ayes — Messrs. Ashe, Batchelor, Biggs, Brown, Bunting, 
Caldwell, Cunningham, Darden, Dillard, Durham, Hargrove, 
Henkel, Holmes, Howard, Lander, Leak of Richmond, Mc- 
Dowell of Burke, McDowell of Madison, Miller, Moseley, 
Osborne, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Sprouse, 
Spruill of Bertie, Stewart, Strong, Sutherland, Thomas of 
Jackson, Thompson, Thornton, Tracy, Ward, Williams, Wil- 
liamson and Woodfin — 39. 

Noes — Messrs. Allison, Arrington, Badger, Barnes, Battle 
of Wake, Berry*, Bond, Brodnax, Cannon, Christian, Council], 
Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster 
of Randolph, Gilmer, Gorrell, Graham, I leaden, Holden, Jones 
of Caldwell, Jones of Rowan, Kittrell, Leak of Anson, Long, 



1861.] STATE CONVENTION. 177 

Mann, McNeill of Cumberland, Merritt, Mitchell, Pettigrew, 
Phifcr, Rayner, Sanders, Shipp, Smith of Macon, Speed, Spruill 
of Tyrrell, Venable, Warren and Wilson — 13. 

The decision of the Chair not being sustained, the resolution 
was declared to be passed. 

Mr. Strong, from the committee on Enrollments, reported the 
following ordinances and resolutions as having been enrolled and 
examined : 

An ordinance relating to Taxation. 

An ordinance to provide for the payment of the Militia whilst 
in actual service. 

An ordinance to ratify the Constitution of the Confederate 
States of America. 

A resolution in favor of the Door-keepers. 

A resolution asking certain information of the Comptroller of 
public accounts, and authorizing him to employ sufficient clerical 
force to enable him to give it. 

A resolution authorizing the President, or any one of the five 
members empowered to convoke the Convention in case of his 
death, to receive resignations, and issue writs of election to fill 
vacancies. 

A resolution asking information of the Governor relative to 
certain appointments to office ; 

Which were severally signed by the President and attested 
by the Secretaries. 

Leave of absence for the remainder of the session was granted 
to Messrs. Biggs, McDowell of Burke, and McDowell of Mad- 
ison. 

The President laid before the Convention a letter from Hon. 
A. W. Venable, resigning his seat in the Convention from and 
after the close of ,the present session. 

And then, on motion, the Convention adjourned until to- 
morrow morning, 9 o'clock. 
9.3 



ITS JOURNAL OF THE [June 27, 



IN CONVENTION, Thursday, June 27, 18Q1. 

The President took the chair and called the Convention to 
order. , 

The journal of yesterday was read and approved. 

Mr. Badger introduced an ordinance to provide for the pub- 
lication of the ordinances and resolutions of the Convention, 
which passed its three several readings, under a suspension of 
the rules, and was ordered to be enrolled. 

On motion of Mr. Hargrove, the President was directed to 
issue his writ of election to the Sheriff of Granville county to 
hold an election to fill the vacancy in this Convention occa- 
sioned by the resignation of Hon. A. W. Venable, on the first 
Thursday in August next. 

Mr. Howard offered the following resolution : 

Resolved, That the President send a message to Hon. Henry 
T. Clark, Speaker of the Senate, notifying him of the fact 
that Hon. John W. Ellis, Governor of the State, is now absent 
from the State, and unable, from sickness, to discharge the 
duties of his office, and requesting his presence in the city of 
Raleigh, to assume the discharge of the duties which, under 
the Constitution, devolve upon him. 

Mr. Rayner moved to add the following : " Until the return 
of the Governor and the resumption by him of his official 
duties." 

During the consideration, of the above, the hour for the 
special ordered arrived. 

Mr. Rayner moved to suspend the special order until 11 
o'clock. 

Mr. Ashe moved to strike out "eleven," and insert "one," 
which was not agreed to. 

The motion of Mr. Rayner was then adopted. 

The question was now on the amendment of Mr. Rayner to 
the resolution offered by Mr. Howard. 

Mr. Lander moved to amend the amendment by adding, " but 
no notice shall be served until after the Governor shall have 
been notified that his presence is needed in Raleigh.' 



1861,] STATE CONVENTION. 179 

On motion of Mr. Kuffin, the whole subject was referred to 
a select committee, which consists of Messrs. Howard, Lander, 
and Satterthwaite. 

The President laid before the Convention a communication 
from the Military Board in response to a resolution of the 
Convention, which, together with communications from several 
other departments, was ordered to be printed. 

,Mr. Graham introduced an ordinance ceding to the Confede- 
rate States certain tracts of land for public purposes, which 
passed the first reading. 

The rules being suspended, the ordinance then passed the 
second and third readings, and was ordered to be enrolled. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported that the ordinance providing for the publication of the 
ordinances and resolutions of Convention, had been examined 
and found correct, whereupon it was signed by the President 
and attested by the Secretaries. 

The order of the day was now taken up, being the ordinance 
relating to the disposition of State troops and volunteers. 

Mr. Graham moved to strike out all of the first section after 
the word " States," in the ninth line, which was agreed to. 

The blank in the third line of the second Section was filled 
with the words, "20th of August." 

On motion of Mr. Graham, the 5th Section was made the 
last Section of the ordinance. 

As Section 5, he moved the following: 

Be it further ordained, That the naval vessels of this State 
be transferred to the said Confederate States upon the same 
terms and conditions that are provided as to State troops in 
the several sections of this ordinance. 

He also moved to strike out Section G, and insert as follows : 

And whereas, The President of the Confederate States, 
through a communication from the Secretary of War, has in- 
formed this Convention that he will accept from this State, into 
the service of the Confederate States, ten thousand Volunteers 
for twelve months, in addition to the four regiments already in 
said service, and cannot accept any greater number for twelve 
months : 



180 JOURNAL OF THE [June 27, 

Be it therefore ordained, by the authority aforesaid, That all 
volunteers that have been called out by the order of the Gov- 
ernor, for twelve months, over and above the four regiments 
aforesaid, and two thousand more to be designated by the Gov- 
ernor and tendered to the President, for services as aforesaid, 
shall be discharged on the 15th of August next: Provided, 
That any of said Volunteers who shall signify their desire to 
enlist in the State troops aforesaid, or in any corps that may 
be called for by the President in the meantime, shall be dis- 
charged forthwith, to the end that they may enter such new 
service; and, Provided further, That the Governor shall ten- 
der such Volunteers to the President, and if the President shall 
agree to accept them, or any part of them, for twelve months, 
by or before the said 15th day of August, it shall be the duty 
of the Governor to order them, or so many of them as the 
President shall designate, into the service of the Confederate 
States accordingly, and to discharge the residue : Provided 
further, That any Volunteers discharged as aforesaid, shall, in 
addition to their pay, be allowed reasonable expenses for trav- 
elling to their several homos ; and, Provided further, That the 
Governor may order out the militia, as volunteers or otherwise, 
in case of invasion, or insurrection, or imminent danger thereof. 

Mr. Ruffin moved to strike out, "fifteenth," and insert. 
v " twentieth," wherever it occurs in the amendment, and it was 
agreed to. 

Mr. Barnes offered the following amendment: After the 
word "volunteers," in the 18th line, insert, "with their company 
and regimental officers," which was agreed to. 

Mr.' Ashe moved to re-consider the adoption of the last 
amendment, and the motion prevailed. 

The question then recurring on Mr. Barnes' amendment, it 
was not agreed to. 

The amendment of Mr. Graham was then adopted. 

Mr. Spruill, of Bertie, now moved to fill the blanks wher- 
ever they occur, with the words, "twentieth of August," and 
to strike out, "fifteenth," wherever it occurs, and it was 
agreed to. 



1861.] STATE CONVENTION. 181 

Mr. Speed moved to amend by adding a clause, that the 
volunteers not wanted by the Confederate States, shall be re- 
tained for the defense of the seaboard of this State. 

Mr. Batchelor moved to strike out the words, "of the Sea- 
board," from the amendment, and it was agreed to. 

The question was then put on the amendment as amended, 
and it was not adopted. 

The hour have arrived, the Convention took a recess until 4 
o'clock. 



4 O'clock, P. M. 

By consent, Mr. Osborne offered a resolution to appoint a 
committee to examine the accounts of the officers of the first 
regiment N. C. volunteers, which were not allowed by the 
Quartermaster General, on account of a want of formality, 
and to report thereupon to this Convention, and it was agreed to. 

The following were appointed to constitute the committee : 
Messrs. Osborne, Graham, Meares, Lander and Smith of Halifax. 

Mr. Strong, from the committee on Enrollments, reported 
that the ordinance to cede to the Confederate States, jurisdic- 
tion over certain lands, on which are Forts, Beacons, Marine 
Hospitals and Mint, had been examined and found correct, and 
the same was signed by the President and attested by the 
Secretaries. 

The ordinance pending at the hour of recess was then taken up. 

Mr. Graham moved to amend by adding to the 5th section, 
as follows : " The said vessels to be paid for, or accounted for, 
on terms to be agreed upon by the Governor with the said 
Confederate States," which was agreed to. 

Mr. Rayner moved to strike out the word "twentieth," 
wherever it occurs, and insert the word "first," on which the 
ayes and noes were ordered, on motion of Mr. Thomas, of 
Jackson, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Arrington, Badger, Battle of Wake, 
Berry, Cannon, Christian, Ellison, Ferebee, Foster of Ashe. 



182 JOURNAL OF THE [June 27, 

Graham, Holden, Mann, Mitchell, Pettigrew, Rayner, Sattcr- 
thwaite, Smith of Halifax, Speed, Sprouse, Washington and 
Wilson— 22. 

Noes — Messrs. Ashe, Barnes, Batchelor, Biggs, Brodnax, 
Brown, Bunting, Caldwell, Councill, Cunningham, Dillard, 
Douthitt, Durham, Edwards, Gorrell, Hamlin, Hargrove, Hen- 
kel, Holmes, Houston of Duplin, Howard, Jones of Caldwell, 
Jones of Rowan, Lander, Leak of Anson, Leak of Richmond, 
McDowell of Burke, McDowell of Madison, McNeill of Cum- 
berland, McNeill of Harnett, Merritt, Miller, Moseley, Osborne, 
Phifer, Rhodes, Royster, Ruffin, Sanders, Shaw, Smith of 
Macon, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
Williams, Williamson, Winslow and Woodfin- — 55. 

Mr. Barnes moved to amend the 6th Section by inserting, 
after the word "volunteers," in the 30th line, the words, "by 
regiments," which was agreed to. 

Mr! Graham moved to amend the 8th Section by adding the 
following : "The office of military Secretary shall be continued 
until the 20th day of September next, for the purpose of set- 
tling the military accounts," which was agreed to. 

Mr. Biggs offered the following as an additional section : 

" Be It further ordained, That this ordinance may be amen- 
ded, modified or repealed by the General Assembly." 

Mr. Ruffin moved to amend the amendment by adding thereto 
as follows: "So far as regards the discharge of the twelve- 
months volunteers which have not been accepted by the Gov- 
ernment of the Confederate States." 

On this the ayes and noes were ordered, on motion of Mr., 
Bif-o-s, and resulted in the affirmative, as follows : 

Ayes — Messrs. Arrington, Badger, Barnes, Batchelor, Bat- 
tle of Wake, Berry, Brodnax; Brown, Cannon, Christian, Coun- 
cill, Dick, Doutlritt, Edwards, Ellison, Ferebee, Foster of Ashe, 
Foster of Randolph, Gilmer, Gorrell, Graham, Grimes, Ham- 
lin, Holden, Houston of Duplin, Jones of Cumberland, Jones 
of Rowan, Kittrell, Leak of Anson, Long, Mann, McNeill of 
Harnett, Merritt, Miller, Pettigrew, Phifer, Rayner, Rhodes, 



1861.] STATE CONVENTION. 183 

Ruftin, Sanders, Satterthwaite, Smith of Halifax, Smith of 
Macon, Speed, Sprou.sc, Spruill of Tyrrell, Washington, Wil- 
liamson and Wilson — -il). 

Noes — Messrs. Allison, Ashe, Biggs, Bunting, Caldwell, Cun- 
ningham, Dillard, Durham, Hargrove, Ilenkel, Holmes, How- 
ard, Lander, Leak of Richmond, McDowell of Burke, Mc- 
Dowell of Madison, McNeill of Cumberland, Moscley, Osborne, 
Royster, Shaw, Spruill of Bertie, Stewart, Strong, Sutherland, 
Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Ven- 
able, Williams and Woodfin — 88. 

The question was then on the amendment as amended, on 
which the ayes and noes were ordered, on motion of Mr. Gor- 
rell, and resulted in the affirmative, as follows : 

Ayes — Messrs. Ashe, Barnes, Batchelor, Battle of Wake, 
Biggs, Brown, Cunningham, Dillard, Douthitt, Durham, Ed- 
wards, Grimes, Hargrove, Ilenkel, Holmes, Houston of Duplin, 
Howard, Jones of Rowan, Lander, Leak of Richmond, Mc- 
Dowell of Burke, McDowell of Madison, McNeill of Cumber- 
land, Merritt, Moseley, Osborne, Phifer, Rhodes, Royster, 
Ruffin, Sanders, Shaw, Spruill of Bertie, Stewart, Strong, 
Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
Turner, Venable, Washington, Williams, Williamson, Winslow 
and Woodfin— 48. 

Noes — Messrs. Allison, Arlington, Badger, Berry, Brodnax, 
Bunting, Caldwell, Cannon, Christian, Councill, Dick, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Hamlin, Headen, Holden, Jones of Caldwell, Joyce, 
Kittrell, Leak of Anson, Long, Mann, McNeill of Harnett, 
Miller, Mitchell, Pettigrew, Rayner, Satterthwaite, Smith of 
Halifax, Smith of Macon, Speed, Sprouse, Spruill of Tyrrell 
and Wilson — 38. 

The question then recurring on the passage of the ordinance 
as amended, on its second reading, the ayes and noes were 
ordered, on motion of Mr. Shaw, and resulted in the affirmative, 
as follows : 

Ayes — Messrs. Allison, Arrington, Badger, Barnes, .Batch- 
elor, Battle of Wake, Berry, Brodnax, Brown, Cannon, Chris- 



184 JOURNAL OF THE [JtiNE 27, 

tian, Councill, Dick, Douthitt, Edwards, Ellison, Ferebee, Fos- 
ter of Ashe, Foster of Randolph, Gilmer, Gorrcll, Graham, 
Hamlin, Ileadcn, Holdcn, Jones of Caldwell, Jones of Rowan, 
Joyce, Kittrell, Leak of Anson, Leak of Richmond, Long, 
Mann, McNeill of Harnett, Mcares, Merritt, Mitchell, Osborne, 
Pettigrew, Phi for, Rayner, Rhodes, Ruffin, Sanders, Satter- 
thwaitc, Smith of Halifax, Speed, Sprouse, Spruill of Tyrrell, 
Warren, Washington, Williamson and Wilson — 58. 

Noes — Messrs. Ashe, Biggs, Bunting, Caldwell, Cunningham, 
Dillard, Durham, Grimes, Hargrove, Henkel, Holmes, Houston 
of Duplin, Howard, Lander, McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, Miller, Moseley, Royster, 
Shaw, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
Williams, Winslow and Woodfin — 34. 

On motion, the rule was suspended and the ordinance put 
upon its third reading and passed. 

On motion, the title was amended by adding the words "and 
for other purposes," and, as thus amended, the ordinance was 
ordered to be enrolled. 

Mr. Rayner moved to re-consider the vote, by which the ordi- 
nance was passed, and the motion did not prevail. 

Mr. Shaw, introduced a resolution for the appointment of a 
committee to report an ordinance to prevent the payment of the 
interest on the bonds of the State, held by our alien enemies, 
which Avas adopted, and Messrs. Shaw, Woodfin and Leak, of 
Richmond, appointed to constitute said committee. 

The ordinance providing for. the suffrage of soldiers while on 
duty, was then taken up on its third reading. 

Mr. Satterthwaite moved that it be indefinitely postponed, 
on which the ayes and noes were ordered, on motion of Mr. 
Spruill, of Berth', and resulted in the negative, as follows : 

Ayes — Messrs. Badger, Batchelor, Brodnax, Edwards, Fere- 
bee, Graham, Jones of Caldwell, Kittrell, Mitchell, Pettigrew, 
Rayner, Ruffin, Satterthwaite, Smith of Halifax, Speed, Sprouse, 
Spruill of Tyrrell and Sutherland — 18. 



1861.] STATE CONVENTION. 185 

Noes — Messrs. Arrington, Ashe, Barnes, Battle of Wake, 
Berry, Biggs, Brown, Bunting, Caldwell, • Cannon, Christian, 
Councill, Cunningham, Dick, Dillard, Douthitt, Durham, Elli- 
son, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Grimes, Hamlin, Hargrove, Headen, Henkel, Holden, Holmes, 
Houston of Duplin, Howard, Joyce, Lander, Leak of Anson, 
Leak of Richmond, Long, Mann, McDowell of Burke, Mc- 
Dowell of Madison, McNeill of Cumberland, McNeill of Har- 
nett, Merritt, Miller, Moseley, Osborne, Phifer, Rhodes, Roys- 
ter, Sanders, Shaw, Smith of Macon, Spruill of Bertie, Stewart, 
Strong, Thomas of Jackson, Thompson, Thornton, Tracy, 
Turner, Venable, Warren, Williams, Wilson and W'oodfin — 63. 

Mr. Gorrell moved to postpone the further consideration of 
the subject until the third Monday of November next, on which 
the ayes and noes were ordered, on motion of Mr. Barnes, and 
resulted in the negative, as follows : 

Ayes — Messrs. Badger, Batchelor, Battle of Wake, Beiry, 
Brodnax, Douthitt, Edwards, Ferebee, Gorrell, Graham, Jones 
of Caldwell, Jones of Rowan, Mitchell, Pettigrew, Rayner, 
Satterthwaite, Smith of Halifax and Speed — 18. 

Noes — Messrs. Arrington, Ashe, Barnes, Biggs, Brown, Bunt- 
ing, Cannon, Christian, Councill, Cunningham, Dick, Dillard, 
Durham, Ellison, Foster of Ashe, Foster of Randolph, Gilmer 
Hamlin, Hargrove, Henkel, Holden, Holmes, Houston of Du- 
plin, Howard, Joyce, Kittrell, Lander, Leak of Anson, Leak 
of Richmond, Long, McDowell of Burke, McDowell of Madi- 
son, McNeill of Cumberland, McNeill of Harnett, Miller, 
Moseley, Phifer, Rhodes, Royster, Sanders, Shaw, Spruill of 
Bertie, Stewart, Strong, Thomas of Jackson, Thompson, Thorn- 
ton, Tracy, Turner, Venable, Warren, Williams and William- 
son — 54. 

Mr. Rayner moved to refer the subject to a committee of 
three with instructions to report thereon to-morrow, and it was 
not agreed to. 

Mr. Speed moved to strike out the word, "Captain," and in- 
sert, " Three freeholders of the Company," which was agreed to. 
24 



186 JOURNAL OF THE [June 28, 

Mr. Gorrell moved to amend by limiting the continuance of* 
this ordinance to the war now existing between the Confederate 
States and the United States, and it was agreed to. 

The ordinance then passed its third and last reading, and was 
ordered to be enrolled. 

Mr. Rayner, from the committee on Finance, reported an 
ordinance to provide the ways and means of the State, which 
passed its first reading, and was ordered to be printed, and 
made the special order for to-morrow at 9 o'clock. 

The Convention then adjourned until to-morrow morning at 
half past eight o'clock. 



IN CONVENTION, Friday, June 28, 1861. 
At the hour agreed on yesterday, the President took the 
Chair and called the Convention to order. Prayer by Rev. 
J. M. Atkinson, of the Presbyterian Church. 

The journal of yesterday was read and approved. 
The President laid before the Convention a letter from P. H. 
Winston, Jr., accepting the position on the Board of Claims, to 
which he had been elected by the Convention. 

Mr. Ruflfin presented the memorial of Haywood W. Guion, 
President of the Wilmington, Charlotte and Rutherford Rail- 
road Company, asking the Convention to authorize the Governor 
to issue to said Company the coupon bonds of the State to 
which it was entitled by its charter on the first day of April 
last ; the Governor having, from his opinion of public policy^ 
declined to sign and deliver the same, which was read. 

Mr. Ruflfin offered a resolution to carry out the prayer of the 
memorialist, which passed its first reading. 

On motion, the rules were suspended and the resolution passed 
its second reading, and was read the third time. 

Mr. Arrington moved that the Resolution lie on the table, on 
which the ayes and noes were ordered, on motion of Mr. Arring- 
' ton, and resulted in the negative, as follows : 



1861.] STATE CONVENTION. 187 

Ayes — Messrs. Arrington, Brown, Cannon, Cunningham, 
Dillard, Ellison, Gorrell, Hargrove, Kittrell, McNeill of Cum- 
berland, Royster, Sanders, Shaw, Speed, Thompson, Thornton, 
Warren and Williams — 18. 

Noes — Messrs. Allison, Ashe, Barnes, Batchelor, Battle of 
Wake, Berry, Brodnax, Bunting, Caldwell, Christian, Council, 
Dick, Douthit, Durham, Edwards, Ferebee, Foster of Ashe, 
Foster of Randolph, Gilmer, Graham, Headen, Henkel, Hol- 
den, Holmes, Houston of Duplin, Jones of Caldwell, Jones of 
Rowan, Joyce, Lander, Leak of Anson, Long, McNeill of 
Harnett, Meares, Merritt, Miller, Mitchell, Moseley, Osborne, 
Pettigrew, Rhodes, Ruffin, Smith of Halifax, Smith of Macon, 
Sprouse, Spruill of Bertie, Strong, Tracy, Turner, Venable, 
Washington and Woodfin — 51. 

Mr. Rayner offered the following amendment, which was 
adopted : " Provided, that this Resolution shall not be con- 
strued so as to authorize the Governor and Public Treasurer to 
issue bonds to any other Corporation, unless, in his judgment, 
he may deem it necessary." 

The Resolution, as amended, then passed .the third reading, 
and was ordered to be enrolled. 

The hour having arrived, the special order was taken up, 
being the ordinance to provide the ways and means of the State. 

Mr. Shaw moved to postpone the same until 11 o'clock, in 
order to consider the ordinance heretofore introduced by him, 
in regard to the bonds of the State held by our enemies. 

On this the ayes and noes were ordered, on motion of Mr. 
Ashe, and resulted in the negative, as follows : 

Ayes — Messrs. Arrington, Ashe, Batchelor, Brodnax, Bunt- 
ing, Cunningham, Dillard, Durham, Ferebee, Hargrove, Hea- 
den, Henkel, Holmes, Houston of Duplin, Howard, McNeill of 
Cumberland, McNeill of Harnett, Moseley, Rayner, Rhodes, 
Shaw, Speed, Stewart, Strong, Thompson, Thornton, Turner, 
Venable, Williams and Woodfin — 30. 

Noes — Messrs. Allison, Barnes, Battle of Wake, Berry 
Biggs, Brown, Caldwell, Cannon, Council, Dick, Douthit, Ed- 
wards, Ellison, Foster of Ashe, Foster of Randolph, Gilmer, 



188 JOURNAL OF THE [June 28, 

Gorrell, Graham, Hamlin, Holden, Jones of Caldwell, Jones of 
Rowan, Joyce, Kittrell, Lander, Leak of Anson,_Long, Mann, 
Merritt, Miller, Mitchell, Osborne, PettigreAv, Ruffin, Sanders, 
Satterthwaite, Smith of Halifax, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Thomas of Jackson, Tracy, Warren, Wash- 
ington, Williamson and Wilson — 46. 

Mr. Holmes moved to postpone the special order for the pur- 
pose of considering the ordinance reported by him, in relation 
to the property of citizens who have abandoned and left the 
State, which was not agreed to. 

Mr. Battle, of Wake, from the Committee on Enrollments, 
reported that the following ordinances and resolutions had been 
examined and found correct : 

An ordinance for the disposition of State troops and Volun- 
teers, and for other purposes. 

An Ordinance to allow the- right of suffrage to our citizen 
soldiers while in active service. 

A Resolution in relation to certain bonds of the State due the 
Wilmington, Charlotte and Rutherford Railroad Company ; 

Which were severally signed by the President and attested 
by the Secretaries. 

Mr. Houston, of Duplin, from the committee on that subject, 
reported adversely upon the proposition to lay an embargo on 
the exports of the State. In which report the Convention com 
curred. 

The special order being then taken up, 

Mr. Ruffin moved to amend as follows : Insert after the word, 
"Provided," in the 18th line of the 2nd section, the words, 
" that no such notes shall be issued before the first day of 
March next ; and provided further," on which the ayes and noes 
were ordered, on motion of Mr. Rayner, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Arrington, Badger, Barnes, Batehelor, Berry, 
Biggs, Bond, Bunting, Caldwell, Cannon, Council, Cunningham, 
Dick, Dillard, Douthit, Edwards, Ellison, Ferebee, Foster of 
Ashe, Graham, Grimes, Hargrove, Headen, Henkel, Holden, 
Holmes, Houston of Duplin, Kittrell, Lander, Long, Meares, 



1861.] STATE CONVENTION. 189 

Merritt, Miller, Mitchell, Moseley, Osborne, Pettigrew, Rhodes, 
Royster, Ruffin, Sanders, Satterthwaite, Shaw, Smith of Hali- 
fax, Smith of Macon, Spronse, Spruill of Tyrrell, Stewart, 
Strong, Thompson, Tracy, Venable, Warren, Washington, Wil- 
liams, Williamson and Wilson — 57. 

Noes — Messrs. Allison, Brown, Christian, Gilmer, Hamlin, 
Joyce, McNeill of Harnett, Rayner, Speed, Spruill of Bertie, 
Thornton and Woodfin — 12. 

Mr. Biggs offered the following amendment : Strike out the 
1st, 2d, 6th, 7th, and 9th sections of the Ordinance, and amend 
the third section by striking out the words, " three millions of 
dollars, including the amount already borroAved from the banks 
of this State," in the 6th and 7th lines, and insert the words, 
" one million, five hundred thousand dollars, which shall be con- 
sidered part of the sum he is authorized to borrow." 

On this motion the ayes and noes were ordered, and resulted 
in the negative, as folloAvs : 

Ayes — Messrs. Biggs, Brown, Bunting, Cunningham, Dur- 
ham, Hargrove, Henkel, Holmes, Lander, McNeill of Cumber- 
land, Moseley, Osborne, Royster, Shaw, Spruill of Bertie, 
Thompson, Thornton, Tracy, Turner, Williamson and Wood- 
fin— 21. 

Noes — Messrs. Allison, Arrington, Badger, Barnes, Batch- 
elor, Battle of Wake, Berry, Brodnax, Cannon, Christian, 
Council, Dick, Dillard, Douthitt, Edwards, Ellison, Ferebee, 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
Grimes, Headen, Holden, Houston of Duplin, Jones of Rowan, 
Joyce, Kittrell, Leak of Anson, Mann, McNeill of Harnett, 
Merritt, Miller, Mitchell, Pettigrew, Rhodes, Ruffin, Sanders, 
Satterthwaite, Smith of Macon, Speed, Sprouse, Spruill of Tyr- 
rell, Stewart, Warren, Washington, Williams and Wilson — 49. 

The ordinance, as amended, then passed the second and third 
readings, and was ordered to be enrolled. 

Mr. Shaw moved to take up for consideration the ordinance 
heretofore introduced by him, in relation to the interest on 
bonds of the' State held by our enemies ; which was agreed to. 

Mr. Graham moved to amend by striking o«t the words, 
"citizen or corporation," pending the consideration of which, 



190 JOURNAL OF THE [June 28, 

Mr. Miller moved to postpone the subject until the third 
Monday in November next, on which the ayes and noes were 
ordered, on motion of Mr. Shaw, and resulted in the affirmative, 
as follows : 

Ayes — Messrs. Allison, Arrington, Badger, Batchelor, Bat- 
tle of Wake, Berry, Brodnax, Brown, Dick, Douthitt, Ellison, 
Foster of Ashe, Gorrell, Graham, Hamlin, Headen, Holden, 
Jones of Caldwell, Jones of Rowan, Long, Mann, McNeill of 
Harnett, Merritt, Miller, Mitchell, Ruffin, Sanders, Satter- 
thwaite, Smith of Halifax, Smith of Macon, Sprouse, Tracy, 
Warren, Washington and Wilson — 35. 

Noes — Messrs. Ashe, Barnes, Biggs, Bunting, Caldwell, Can- 
non, Councill, Dillard, Durham, Edwards, Ferebee, Hargrove, 
Henkel, Holmes, Houston of Duplin, Howard, Lander, McNeill 
of Cumberland, Mosely, Osborne, Pettigrew, Rayner, Rhodes, 
Royster, Shaw, Speed, Spruill of Bertie, Stewart, Strong, 
Thompson, Thornton, Williams, Winslow and Woodfin — 34. 

Mr. Rayner offered an Ordinance to amend the Ordinance 
providing for a Board of Claims, which passed the three several 
readings, under a suspension of the rule, and was ordered to be 
enrolled. 

Mr: Speed offered the following Resolution, which was unan- 
imously adopted, (Mr. Satterthwaite in the Chair) : 

Resolved, That the thanks of this Convention are eminently 
due, and are hereby tendered to Hon. Weldon N. Edwards, for 
the able and dignified manner in which he has discharged the 
difficult and arduous duties of Presiding Officer. 

Mr. Holmes moved to take up and consider the ordinance in 
relation to the property of citizens who have abandoned and 
left the State. 

Mr. Badger moved to lay the motion on the table, on which 
the ayes and noes were ordered, on motion of Mr. Ashe, and 
resulted in the negative, as follows : 

Ayes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
Brodnax, Brown, Cannon, Council, Dick, Douthitt, Ellison, Fos- 
ter of Ashe, Gilmer, Graham, Holden, Jones of Caldwell, 
Jones of Rowan, Kittrell, Long, Mann, Merritt, Miller, Mitch- 



1861.] STAjE CONVENTION. 191 

ell, Osborne, Pettigrew, Sanders, Satterthwaite, Smith of Macon, 
Speed, Sprouse, Williamson and Wilson — 32. 

Noes — Messrs. Arrington, Ashe, Batchelor, Berry, Bunting, 
Caldwell, Cunningham, Dillard, Durham, Grimes, Hargrove, 
Henkel, Holmes, Houston of Duplin, Howard, McNeill of Cum- 
berland, McNeill of Harnett, Meares, Moseley, Rayner, Rhodes, 
Royster, Ruffin, Shaw, Smith of Halifax, Spruill of Bertie, 
Stewart, Strong, Thomas of Jackson, Thompson, Thornton, 
Tracy, Turner, Washington, Williams, Winslow and Wood- 
fin— 37. 

The question was then on the motion of Mr. Holmes to take 
up the ordinance designated by him, on which the ayes and 
noes were ordered, on motion of Mr. Ashe, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Arrington, Ashe, Batchelor, Biggs, Bunting, 
Caldwell, Dillard, Durham. Ferebee, Grimes, Hargrove, Henkel, 
Holmes, Houston of Duplin, Howard, McNeill of Cumberland, 
Meares, Miller, Moseley, Rayner, Rhodes, Royster, Ruffin, 
Shaw, Smith of Halifax, Spruill of Bertie, Stewart, Strong, 
Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Wil- 
liams, Winslow and Woodfin — 36. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
Berry, Brodnax, Christian, Dick, Douthitt, Ellison, Foster of 
Ashe, Gilmer, Graham, Hamlin, Jones of Caldwell, Jones of 
Rowan, Joyce, Kittrell, Long, Mann, McNeill of Harnett, Mer- 
ritt, Osborne, Pettigrew, Sanders, Satterthwaite, Smith of 
Macon, Speed, Washington and Wilson — 28. 

Mr. Ruffin moved to postpone the further consideration of the 
subject, until the third Monday in November next, on which the 
ayes and noes were ordered, on motion of Mr. Holmes, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Arrington, Badger, Barnes, Batch- 
elor, Battle of Wake, Berry, Bunting, Caldwell, Christian, 
Councill, Dick, Douthit, Durham, Ellison, Foster of Ashe, Gil- 
mer, Graham, Headen, Henkel, Holden, Holmes, Houston of 
Duplin, Howard, Jones of Caldwell, Jones of Rowan, Joyce, 
Long, Mann, McNeill of Cumberland, McNeill of Harnett, 



192 JOURNAL OF THE [June 28, 

Meares, Merritt, Miller, Mitchell, Moseley, Osborne, Pettigrew, 
Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Smith of Hali- 
fax, Smith of Macon, Speed, Sprouse, Stewart, Strong, Thomas 
of Jackson, Tracy, Washington, Wilson, Winslow and Wood- 
fin— 55. 

Noes — Messrs. Biggs, Cannon, Cunningham, Dillard, Grimes, 
Hargrove, Rayner, Shaw, Thompson, Thornton, Turner and 
Williams— 12. 

Mr. Battle of Wake, from the committee on enrollments, 
reported the following ordinances, as having been examined and 
found correct, and which were severally signed by the President 
and attested by the Secretaries : 

An Ordinance to provide the ways and means of the State ; 

An Ordinance to amend an Ordinance providing for a Board 
of Claims. 

Messrs. Ashe and Houston of Duplin, tendered their resigna- 
tion as members of this Convention, which were accepted, and 
the President was directed to issue writs of election for the first 
Thursday in August next, to fill the vacancies thus created. 

The hour for adjournment having arrived, the President 
addressed the Convention as follows : 

Gentlemen of the Convention : 

I am profoundly and gratefully impressed by the generous 
testimonial of kindness just offered me. The highest reward 
to the public servant is the approbation of those he has endea- 
vored to serve. It is also his highest praise ; and for the 
bestowal of that approbation upon my humble efforts in the 
administration of the duties of the Chair, I thank you — sincerely 
thank you. 

If I have been so fortunate as to produce in the minds of the 
Convention the conviction that / have tried to do right, my high- 
est aspirations will have been gratified. That my administration 
has been without fault, I make no pretense or claim. Perfection 
belongs to no man. I have, doubtless, committed errors — 
perhaps too many — but they were unintentional, and were com- 
mitted in the sincere effort to discharge my duty. Over such 



186L] STA'PE CONVENTION. t93 

errors, I trust, the generosity of the Convention will throw the 
mantle of Charity. 

We are now about to separate, and, though but for a short 
interval, the uncertainties of the future, with the unsparing 
scythe of Time, ever ready for his work, may make this, perhaps, 
to some of us, the last farewell. I trust, however, that our for- 
tunes may be different, ami that each one may return to this 
Hall, bringing with him the glad tidings that gentle Peace has 
visited our distracted country, and that her genial and benign 
influences are felt throughout our land ; and may the long 
prospective before us afford the promise of uninterrupted and 
successful occupation in all the walks of life, and the assurance 
that peace; plenty, and prosperity will ever smile in our midst. 

May each of you safely return to your family and friends and 
find them in health and happiness, and may such blessings 
evermore be yours and their lot, I fervently pray. 

I have now no further duty to perform than to declare that 
this Convention stands adjourned until the third Monday in 
November next, unless sooner convened in the manne%prescribed 
by the Resolution of this Body. 

' 25 













' 



JOURNAL 



01? 



THE CONVENTION 



OF THE PEOPLE OF 



NORTH CAROLINA. 



J^confc £ea*um. 



HELD IN NOVEMBER AND DECEMBER, 1861 



RALEIGH : 
JNO. W. SYME, PRINTER TO THE CONVENTION. 

1862. 



JOURNAL 



OF THE 



T 



STATE CONVENTION 

SECOND SESSION, 1861. 



IN CONVENTION, Monday, November 18, 1861. 

Pursuant to the order of adjournment, made at the last session, 
the Convention re-assembled this day, and was called to order 
by the President, Hon. Weldon N. Edwards. 

Prayer was offered by Rev. Joseph M. Atkinson, of the Pres- 
byterian Church. 

The journal of the hist day of the preceding session was read 
and approved. 

The following Delegates, elected to fill vacancies in their 
respective counties, presented their credentials and took their 
seats, viz : James H. Bryson, of Cherokee ; Richard A. Cald- 
well, of Rowan ; James Dickson, of Duplin ; David Schenck, of 
Lincoln ; and George Setzer, of Catawba. 

On motion of Mr. Satterthwaite, the roll of members was 
called, and the following. answered to their names, viz: Messrs. 
Foster of Ashe, Ellison and "Warren of Beaufort, Meares of 
Brunswick, Setzer of. Catawba, McNeill of Cumberland, Thomas 
of Carteret. Bryson of Cherokee, Headen efCftathain, Tracy ef 
Cleaveland, Douthitt and Kittrell of Davidson, Sprouse of Davie, 
Dickson and Rhodes of Duplin, Howard of Edgecombe, Wil- 
liams of Franklin, Hargrove and R,oyster of (Granville, Darden 



4 JOURNAL OF THE [2d Session. 

of Greene, Johnston of Gaston, Rayner of Hertford, Mann of 
Hyde, Allison and Mitchell of Iredell, Thomas of Jackson, 
Sanders of Johnston, Washington of Lenoir, Schenck of Lincoln, 
Osborne of Mecklenburg, Biggs of Martin, Greenlee of McDow- 
ell, Christian of Montgomery, Smith of Macon, Arrington of 
Nash, Barnes of Northampton, Berry of Orange. Satterthwaite 
of Pitt, Cunningham of Person, Leak of Richmond, Carson and 
Durham of Rutherford, Caldwell of Rowan, Hearne of Stanly, 
Houston of Union, Badger, Battle and Holden of Wake, the 
President and Mr. Thornton of Warren, Mr. Pettigrew of 
Washington, Mr. Penland of Yancey, Mr. Armfield of Jadkin, 
Mr. McNeill of Harnett. 

There being no quorum present, on motion of Mr. Satter- 
thwaite, the Convention adjourned until to-morrow morning at 
10 o'clock. 

. 



IN CONVENTION, Tuesday, November 19, 1861. 

The Convention met pursuant to adjournment, the President 
in the Chair. 

The journal of yesterday was read and approved. 

Robert Strange of New Hanover, Neill, Kelly of Bladen, 
elected to fill vacancies in their respective counties, appeared, 
produced their credentials and took their seats. 

Mr. Leak introduced the following resolution, which, on 
motion of Mr. Biggs, was referred to a select Committee of one 
from each judicial district : 

Whereas, The excitement pervading our entire community, 
arising from the present war, is such as to render it obvious that 
the present time is inauspicious to cool, calm, and dispassionate 
consideration ; be it therefore 

Resolved, That this Convention will entertain no proposition 
to alter or to amend the Constitution at its present session, but 

will, on the day of adjourn over to the - , subject 

to the same provisions of being convoked by the President, or 
upon his death or inability, by a majority of the five Commis- 
sioners heretofore appointed. 

V . 



1861.] STATE CONVENTION. 

The President announced the following as the Committee : 
Messrs. Leak of Richmond, Pettigrew, Warren, Biggs, Mebane, 
Schenck and McDowell of Madison. 

Mr. Foster of Randolph offered the following, which was 
agreed to : 

Resolved. That the Comptroller be required to furnish this 
Convention, at the earliest day practicable, the tabular State- 
ment of the amount of State taxes collected each year, for the 
last five years, from each county, distinguishing between the 
various subjects of taxation, as required by a resolution adopted 
at the first session of this Convention. 

Mr. Badger gave notice that he would, on to-morrow, offer an 
ordinance, the purpose of which would be to protect the good 
citizens of the State against the unpardonable extortions 'of 
speculators and monopolists. 
. Mr. Rayner introduced an Ordinance to provide for the imme- 
diate wants of the Treasury, which passed its first reading. On 
his motion, the rules were suspended, the ordinance was read 
the second time and passed. Having been read the third time, 
on motion of Mr. Badger it was referred to a select committee, 
on which the President appointed Messrs. Ruffin, Rayner, Sat- 
terthwaite, Strange and Carson. 

On motion of Mr. Badger a Committee, consisting of Messrs. 
Badger and Ruffin, was appointed to wait upon His Excellency, 
the Governor, and inform him of the readiness of this Convention 
to proceed to the dispatch of public business, and the willingness 
of the Body to receive any communication from him in relation 
10 public affairs, which he may deem it advisable to make. 

On motion of Mr. Sattcrthwaite the President was authorized 
to fill all vacancies in the several committees of this Convention, 
caused by resignation of members of the Body. 

The President laid before the Convention the letters of 
resignation of Messrs. Shaw of Currituck, Lander of Lincoln, and 
Crimes of Pitt, received by him during the recess, and informed 
the Convention that he had issued in due time, writs of election 
to fill the vacancies. 



r, JOURNAL OF THE [2d Session, 

Mr. Osborne announced the death of Azariah C. Stewart, 
the delegate to the Convention from the County of Alexander, 
accompanied with the following resolutions, which were unani- 
mously agreed to : 

Resolved, That this Convention has learned with regret the 
death of A. 0. Stewart* the delegate to this Convention from 
the County of Alexander. 

Resolved, That in the untimely death of one so young, so 
amiable and intelligent, with a life promising so much useful- 
ness to the community, the Convention unites its sympathies 
with those of his relations and friends, and wiil wear the usual 
badge of mourning for the space of thirty days. 

'Resolved, That these resolutions be communicated by the 
President to the family of the deceased. 

On motion of Mr. Osborne, the President was directed to 
issue his writ of election to the Sheriff of Alexander County to 
cause an election to be held to fill the vacancy, on Thursday, the 
:29th instant. 

Mr. Hargrove offered the following, which was agreed to : 
Resolved, That the use of the Hall be granted to Mrs. Heav- 
lin, of Granville, for Wednesday evening, for the purpose of 
giving readings from Shakspeare, for the benefit of the sick and 
wounded soldiers of North Carolina. 

Mr. Badger, from the committee appointed to wait upon the 
Governor, reported that the duty had been discharged — the 
Governor expressed his sense of the courtesy of the Convention, 
and asked that the Convention be informed that at present he 
was not prepared to make it any communication, but would, 
probably, at some future day, feel it to be his duty, as it would 
be his pleasure, to confer freely with the body upon matters 
pertaining to the interests of the people. 

On motion of Mr. Batchelor, the Convention adjourned until 
to-morrow morning at 10 o'clock. 



1861.1 STATE CONVENTION 



IN CONVENTION, Wednesday, November 20, 1861. 

At the usual hour the President took the Chair and called the 
Convention to order. Prayer by Rev. Mr. Broaddus, of South 
Carolina. 

The journal of yesterday was read and approved. 

The President laid before the Convention a presentment of the 
Grand Jury of Currituck County, in relation to the Act of the 
General Assembly, commonly known as the "Stay Law," which, 
on motion of Mr. Biggs, was ordered to lie on the table. 

Peyton A. Atkinson, delegate elect from the county of Pitt, to 
fill the vacancy occasioned by the resignation of Bryan Grimes, 
presented his credentials and took his seat in the Convention. 

Mr. Leak, from the committee on the Resolution offered by 
him yesterday, made a report accompanied with a substitute, and 
recommended its adoption, which, under the rules, lies over one 
day for consideration. . 

Mr. Biggs asked the unanimous consent of the Convention 
that the Resolution be now considered. Objection being made, 
he moved to suspend the rules for that purpose. 

On this question the ayes and noes were ordered, and resulted 
in the negative — ayes 50, noes 38, (two-thirds not voting in the 
affirmative,) as follows : 

Ayes — Messrs. Arrington, Battle of Edgecombe, Biggs, 
Bunting, Caldwell of Rowan, Calloway, Carson, Cunningham, 
Darden, Dickson, Dillard, Durham, Edwards, Foster of Ashe, 
Fuller, Greenlee, Hargrove, Hearne, Holmes, Howard, John- 
ston, Leak of Richmond, McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, McNeill of Harnett, Mebane, 
Miller, Mitchell, Moseley, Patterson, Penland, Pettigrew, Phifer, 
Rhodes, Royster, Schenck, Setzer, Smith of Halifax, Strange, 
Strong, Sutherland, Thompson, Thornton, Tracy, Walton, Whit- 
ford, Williams, Williamson and Wooten — 50. 

Noes — Messrs. Allison, Armfield, Atkinson, Barnes, Batche- 

lor, Battle of Wake, Berry, Bryson, Christian, Douthitt, 

Eller, Ellison, Foster of Randolph, Gilmer, Graham, Green. 

Headen, Holden, Houston of Union, Jones of Rowan, Joyce. 

26 



8 JOURNAL OF THE [2d Session, 

Kelly, Kittrell, Mann, Manning, Meares, Merritt, Myers, Os- 
borne, Sanders, Satterthwaite, Smith of Johnston, Smith of 
Macon, Sprouse, Thomas of Carteret, Turner, Warren and Wil- 
son— 38. 

Mr. Warren offered the following, which lies over one day : 
Resolved, That we have undiminished confidence in the courage 
and loyalty of the officers and soldiers who, after a long and 
severe bombardment, were compelled to surrender to an over- 
whelming force, the inadequate defenses at Hatteras, on the 29th 
of August last, and that they deserve our thanks for their gallant 
conduct. 

Mr. Williams offered the following, which lies over one day : 
Resolved, That a committee of five be appointed to inquire 
into the expediency of granting to the Courts of Pleas and Quar- 
ter Sessions of this State, to allow free negroes to select their 
own masters and become slaves, upon petitions to said Courts % 
and that said committee report by ordinance or otherwise. 
Mr. Ellison offered the following, which lies over one day : 
Resolved, That on the day succeeding the adjournment of the 
present session, all the officers and members of this Convention, 
under the age of fifty years, not engaged in the regular military 
service, will meet at the Capitol and organize themselves into a 
company, and tender the same to the State for service during the 
war, and that said Company arm and equip themselves at their 
own expense. 

On motion of Mr. Graham, the injunction of secrecy was 
removed from the journal of proceedings, and all papers con- 
sidered when the Convention sat with closed doors. 

The Convention then proceeded to the business on the calendar. 
The ordinance relating to the property of persons who have 
abandoned and left the State ; 

A resolution in regard to a postponement of all ordinances 
proposing amendments to the Constitution ; 

The resolution providing for the appointment of a committee 
on amendments to the Constitution ; 

The resolution in regard to the Minister of War ; 
The resolution in regard to a Census of the State; 



1861.] STATE CONVENTION. 9 

The resolution declaring the sense of the Convention in rela- 
tion to the rights of the States and the character of the gov- 
ernment of the Confederate States ; 

The ordinance regarding the regular sessions of the General 
Assembly ; 

The resolution concerning the disposition of the School Fund 
during the War ; 

Were severally ordered to lie on the table. 

The resolution in regard to postal affairs ; 

The resolution relating to the printing of matter not intended 
to be made public ; 

The resolution providing for additional clerks to the Military 
Board ; 

The resolution relating to the issue of Treasury notes ; 

The resolution respecting the arming of troops ; 

The ordinance concerning the employment of troops ; 

The ordinance authorizing brevet commissions ; 

The ordinance for the relief of the people ; 

The ordinance providing for the raising of additional State 
troops ; 

The Resolution in regard to a modification of the Stay Law ; 

And the Resolution authorizing the Public Treasurer to borrow 
money, 

Were severally, on motion, indefinitely postponed. 

The Resolution proposing to amend the Constitution in relation 
to appropriations for internal improvements and for other pur- 
poses, was read the second time, and on motion, referred to the 
committee on Finance. 

The resolution relating to an increase of the pay of soldiers 
was, on motion of Mr. Thomas of Jackson, recommitted to the 
committee on Military Affairs, with instruction to inquire into 
the propriety of the passage of an Act in relation thereto, by 
the Confederate Congress. 

The Ordinance in relation to limiting the public debt being 
on its second reading, 

Mr. Barnes moved to postpone the further consideration of the 
same until Friday next at V2 o'clock, and it was not agreed to. 



10 JOURNAL OF THE [2d Session, 

On motion of Mr. Thomas of Jackson, it was referred to the 
committee on taxation, revenue and the public debt. * 

The President laid before the Convention a communication 
from C. H. Brogden, Comptroller of Public Accounts, in re- 
sponse to a resolution of the Convention, accompanied with a 
tabular statement showing the amounts severally received from 
the various subjects of taxation for the last five years. 

On motion of Mr. Graham, it was ordered to lie on the table, 
and ten copies of the tabular statement to be printed for each 
member of the Convention. 

Then, on motion of Mr. Graham, the Convention adjourned. 



IN CONVENTION, Thursday, November 21, 1861. 

The President took the chair and called the Convention to order. 

The journal of yesterday was read and approved. 

The President announced that the following gentlemen were 
appointed to fill vacancies in the several committees named, caused 
by resignation of members : 

Committee on the subject of Taxation — Messrs. Schenck, Cald- 
well of Mecklenburg, and Holmes. 

Military Affairs — Mr. Lyon. 

Thirty-third section of Constitution — Mr. Atkinson. 

On Eligibility of Clergymen to seats in the General Assem- 
bly — Mr. Caldwell of Rowan. 

On Eligibility of Members of the Q-eneral Assembly — Mr. Kelly. 

On the Address setting forth the reason why the State of 
North Carolina severed her Connection ivith the United States — 
Messrs. Leak of Richmond, Strange and Howard. 

Mr. Foster of Randolph presented a petition from sundry 
citizens of Randolph County, touching the subject of the act of 
the General Assembly, commonly known as the " Stay Law," 
which, on his motion, was referred to a select committee. 

On motion of Mr. Schenck, the President was authorized to 
appoint a committee of one from each Congressional district, 
upon the subject embraced in the petition just introduced. 



1861.] STATE CONVENTION. 11 

Mr. Johnston presented several petitions from Gaston County 
on the same subject, which, on his motion, were referred to the 
same committee. 

Mr. Christian oifered the following, which lies over one day : 

Resolved, That our Senators and Representatives of the Con- 
federate Congress be requested to vote for an increaso of the 
pay of the common soldiers of the Confederate army. 

Mr. Woodfin offered the following, which, the rules being sus- 
pended, was agreed to : 

Resolved, That a committee of five be appointed by the 
President to inquire and report upon the supply of salt in this 
State, and if found insufficient, that they inquire and report 
the best mode of relief, and that they report by ordinance or 
otherwise. 

Mr. Headen offered the following, which lies over one day: 

Resolved, That a committee of five be appointed to inquire 
whether any, and if any, what laws or ordinances are necessary 
and proper to be passed by this Convention for the purpose of 
sequestrating, confiscating, or otherwise disposing of the pro- 
perty of alien enemies, or of persons who have abandoned the 
State and taken refuge among the enemies of the Confederate 
States, giving them aid and comfort; that all propositions now 
pending before the Convention in relation to this subject be 
referred to said committee, and that said committee report by 
ordinance or otherwise. 

Mr. Carson offered the following, which lies over one day : 

Resolved, That a committee, to consist of one member from 
each Congressional District, be appointed, whose duty it shall 
be to examine into the accounts, contracts and disbursements of 
the several disbursing agents of this State, from the first of 
April last up to the present time, and that said committee have 
power to send for persons and papers, and to examine witnesses 
under oath, and that said committee have power to employ such 
clerical force as may be necessary, and make report of their 
proceedings at the earliest practicable day. 

The substitute presented yesterday by a committee, for the 
resolution of Mr. Leak, of Richmond, in regard to adjourn- 
ment, was taken up. 



12 JOURNAL OF THE [2d Session, 

Mr. Foster, of Randolph, moved that it lie on the table. 

On this motion the ayes and noes were ordered, on motion of 
Mr. Biggs, and resulted in the affirmative, ayes 56, noes 43, as 
follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Batchelor, Berry, Bond, Bryson, Calloway, Cannon, Carson, 
Christian, Dick, Douthitt, Eller, Ellison, Foster of Ashe, Foster 
of Randolph, Gilmer, Gorrell, Graham, Green, Hamlin, Headen, 
Hearne, Holden, Houston, Jones of Rowan, Joyce, Kittrell, 
Mann, Manning, Meares, Mebane, Merritt, Mitchell, Myers, 
Osborne, Patterson, Phifer, Rayner, Ruffin, Sanders, Satterth- 
waite, Smith of Johnston, Smith of Macon, Sprouse, Spruill of 
Tyrrell, Thomas of Carteret, Thomas of Jackson, Turner, War- 
ren, Washington, Wilson and Woodfin — 56. 

Noes — Messrs. Atkinson, Battle of Edgecombe, Biggs, Bun- 
ting, Cunningham, Darden, Dickson, Dillard, Durham, Edwards, 
Fuller, Greenlee, Hargrove, Holmes, Howard, Johnston, Kelly, 
Leak of Anson, Leak of Richmond, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, McNeill of Har- 
nett, Miller, Moseley, Penland, Pettigrew, Rhodes, Royster, 
Schenck, Setzer, Smith of Halifax, Strange, Strong, Suther- 
land, Thompson, Thornton, Tracy, Walton, Ward, Williams, 
Williamson and Wooten — 43. 

Mr. Badger asked and obtained leave to introduce the ordi- 
nance of which he gave notice on Tuesday, viz : An Ordinance 
for suppressing oppressing speculation upon the pregent ne- 
cessities of the people, and for enabling the Governor to cause 
provisions to be seized for public use ; which passed the first 
reading, and was ordered to lie on the table and be printed. 

On motion of Mr. Kittrell, this ordinance was made the 
special order of the day for to-morrow at 12 o'clock. 

The business on the calendar was then taken up. 

The ordinance to amend the Constitution in regard to calling 
the ayes and noes in the General Assembly, passed the third 
reading and was ordered to be enrolled. 

The resolution relating to free negroes was, on motion of Mr. 
Sprouse, referred to the committee on the Bill of Rights. 



1861.] STATE CONVENTION. 13 

The resolution to reduce the pay of rmy officers was, on 
motion of Mr. Biggs, referred to the committee on Military 
Affairs. 

The resolution in regard to the issue of Treasury notes, being 
on its second reading, was, on motion of Mr. Badger, inde- 
finitely postponed. 

The ordinance respecting test oaths, was read the second time. 

Mr. Ellison moved to strike out the third section thereof. 

Mr. Ruffin moved to refer to a select committee. 

Mr. Ellison moved to postpone indefinitely. 

On motion of Mr. Ruflin the galleries and lobbies were cleared, 
and the Convention proceeded to sit with closed doors. 

After some time spent in secret session, the doors were 
opened, when Mr. Ellison withdrew his motion to indefinitely 
postpone the subject last under consideration in the open ses- 
sion, and the question recurring, on the motion of Mr. Ruffin, 
to refer it to a select committee, was decided in the affirmative. 

The President announced the following to constitute the com- 
mittee, viz : Messrs. Biggs, Badger, Graham, Rayner and 
Woodfin. 

And then, on motion, the Convention adjourned. 



IN CONVENTION, Friday, November 22, 1861. 

The President took the chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

T. B. Lyon, delegate elect from Granville County, to fill the 
vacancy occasioned by the resignation of Hon. A. W. Venable, 
appeared, produced his credentials, and took his seat. 

Mr. Woodfin offered the following, which lies over one day : 

Resolved, That a committee of ten be appointed — one from 
each Congressional District in the State — to take into considera- 
tion the basis of representation in the Senate and House of 
Commons of the State Legislature ; and that they report such 
amendments to the Constitution as to give every section of the 



14 JOURNAL OF THE [2i> Session, 

State a just. and equitable representation, having due regard to 
population and taxation. 

Mr. Schenck offered the following, which lies over one day: 

Resolved, That the sixth article of the Constitution be so 
amended as to strike out the land qualification for members of 
the House of Commons, and insert a property qualification 
according to value. 

Mr. Thomas, of Jackson, offered the following, which lies 
over one day : 

Resolved, That, whereas, there remains in the State a small 
remnant of the Cherokee tribe of Indians, under the guaran- 
tees of the State, as expressed in the act of 1783, which guar- 
antied the title of their lands, and under their ancient usages and 
customs, the right to govern their own people, embracing the 
portion of the State in which they now reside ; and, whereas, 
under the subsequent treaty concluded with the tribe, by Gen. 
Andrew Jackson, Commissioner on the part of the United 
States, in the year 1817, article 8 ; treaty of 1819, article 2 ; 
treaty of 1835, article 12 ; treaty of 1846, article 9 ; the United 
States, as one of the considerations for the valuable concessions 
of lands made for the benefit of this State under those treaties, 
guarantied to those Indians the right to become citizens of the 
United States, and of the State of North Carolina; and, 
whereas, a question has arisen, growing out of the secession of 
this State, as to the political condition of those Indians, and to 
what government they owe allegiance ; whether under the treaty 
it be due to the United States government, or whether, under 
the act of secession it be due as citizens of the State to the 
government of the State, and under the Constitution of the 
Confederate States, article 1, to the Confederate States of 
America. For the purpose of ascertaining the faots and making 
such amendments to the Constitution and laws of the State as 
may be deemed nocessary for the preservation of good faith on 
the part of the State, and at the same time justify those Indians, 
agreeably to the laws of nations, in taking up arms in defense 
of the rights of the States against her enemies, the President 
be authorized to appoint a select committee of one member 



1861.] STATE CONVENTION. 15 

from each Congressional District to inquire into and report 
such ordinance or ordinances as may be deemed necessary to 
accomplish those objects. 

Mr. Jones, of Rowan, offered the following, which lies over 
one day : 

Resolved, That we, the Delegates of the people of North 
Carolina, in Convention assembled, entertain an undiminished 
confidence in the justice of the cause for which we have taken 
up arms, and we hold it to be the duty of the people of these 
Southern States to maintain and uphold that cause with all the 
means they can command : 

That in behalf of the people of North Carolina, we declare to 
our sister States of this Confederacy, and to the world, that no 
measure of loss — no sacrifice of life or property ; no privation, 
or want, or suffering, shall cause us to shrink from the perform- 
ance of our whole duty in the achievement of our independence : 

That from the cruel and barbarous manner in which our ene- 
mies have carried on this war ; — a war in which aged and 
dignified men, and helpless women, have been seized, and with- 
out accusation or warrant of authority, cast into prison ; — in 
which private property has been wantonly destroyed ; — in which 
robbery and arson are principal means of aggression ; and in 
which servile insurrection has been proclaimed, we are convinced 
there is a "social incompatibility" between such a people and 
ourselves ; that from them "our separation is final, and for the 
independence we have asserted, we will accept no alternative." 

Resolved, That we have full confidence in the wisdom, inte- 
grity and patriotism of the President of the Confederate States, 
and we congratulate him and our whole country upon the success 
with which he has administered the government. 

That to the officers and soldiers who have gone forth to meet 
the dangers of this war, we are under a deep debt of gratitude 
for the valor and fortitude with which they have defended us 
from the assaults of our enemies and illustrated the glory of our 
arms. 

Resolved, That a copy of these resolutions be sent to our 
Representatives in Congress, with a request that they be com- 
27 



16 JOURNAL OF THE [2d Session, 

municated to His Excellency, the President of the Confederate 
States, and to Congress. 

Mr. Schenck moved to suspend the rules so that said Re- 
solutions be now considered, and it was not agreed to. 

Mr. Graham offered the following, which, the rules being 
suspended, was now considered : 

Resolved, That committees be appointed, to whom shall be 
made the references following, to-wit : 

1st. A committee of members, to be styled the Legis- 
lative Committee, to whom shall be referred all such parts of 
the Constitution of the State as relate to the legislative depart- 
ment of the government ; the apportionment and election of its 
members ; its powers and restrictions thereon ; the rules of its 
proceedings, &c, and that all propositions of amendment in this 
department be referred to said committee. 

2d. A committee of members, to be styled the Executive 

Committee, to whom shall be referred all such parts of the Con- 
stitution as relate to the Executive Department, including those 
which relate to the offices of Secretary of State and Treasurer ; 
and that all propositions of amendment be referred to said 
committee. 

3d. A committee of members, to be styled the Judiciary 

Committee, to whom shall be referred all such parts of the Con- 
stitution as relate to the Judicial Department, including the 
appointment, removal and compensation of Judges, and likewise 
such parts as relate to the office of Attorney General, the 
exemption of honest debtors from imprisonment, bail to prison- 
ers, and that all propositions of amendment in these several 
particulars be referred to said committee. 

4th. That so much of said Constitution as relates to Justices 
of the Peace, be referred to the committee on Justices. 

5th. That as much thereof as relates to the modes of amend- 
ing the Constitution, be referred to a select committee. 

6th. That so much thereof as relates to the condition and 
rights of foreigners in this State ; to schools and universities, 
and to other subjects not embraced within the foregoing Reso- 
lutions, be referred to a select committee ; 



1861.] STATE CONVENTION. 17 

And that said several committees have leave to report by 
Ordinance to this Convention. 

On motion of Mr. Thomas, of Jackson, the several blanks in 
the foregoing resolutions were filled with the words, "ten, one 
from each Congressional District." 

The resolution, as amended, was then agreed to, ayes 56, 
noes 31, and were ordered to be printed. 

Mr. Smith, of Macon, introduced an ordinance to repeal the 
14th chapter of the acts of the second special session of the 
General Assembly, entitled " an act to alter the rules of evi- 
dence as applicable to Indians," which passed its first reading 
and was ordered to be printed. 

Mr. Headen introduced " an ordinance to add a section to 
the Constitution of the State," which passed its first reading 
and was ordered to be printed. 

The resolution offered by Mr. Headen, on yesterday, in rela- 
tion to the property of aliens, was then taken up, and, on 
motion of Mr. Badger, ordered to lie on the table. 

Mr. Leak, of Richmond, offered the following, which was 
agreed to : 

Resolved, That the employees of the Raleigh Register office 
be relieved from militia drill during the sitting of the Conven- 
tion, in order to enable the printer to do the printing of the 
Convention. 

Mr. Meares offered the following, which was agreed to : 

Itesolved, That the ladies of Raleigh shall have the use of 
the Hall of the House of Commons, on Tuesday next, from 
and after one o'clock. 

The order of the day, being the ordinance heretofore intro- 
duced by Mr. Badger, to suppress speculation, &c, was then 
taken up. 

Mr. Badger offered the following amendment: Insert in the 
first section, after the words "necessitous persons," in line 12, 
the following: "And whosoever, having in his hands or under 
his control any of the before-mentioned articles, not intended 
for his own use or that of his family and dependents, or for 
some such charitable use as aforesaid, shall refuse to sell the 



18 JOURNAL OF THE [2d Session, 

same to, or shall ask or demand therefor, unreasonable prices, 
from any person or persons desiring to purchase for their own 
personal use or for that of their families or dependents, or for 
such charitable use as aforesaid." 

Mr. Ruffin moved to amend the amendment by inserting after 
the word "control," in the second line, the words, "by the 
means aforesaid," on which the ayes and noes ordered. 

Messrs. Leak, of Richmond, and Badger gave notice of 
amendments they would offer at the proper time, which were 
read for information, and ordered to be printed. 

Pending the consideration of the subject, the Convention 
adjourned. 



IN CONVENTION, Saturday, November 23, 1861. 

The President took the Chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

Mr. Turner presented a petition from citizens of Moore 
County on the subject of the Stay Law passed by the General 
Assembly, which, on his motion, was referred to the committee 
on that subject. 

Mr. Ruffin presented a petition from citizens of Alamance 
County on the same subject, which, on his motion, was referred 
to the same committee. 

Mr. Satterthwaite offered the following, which lies over one 
day: 

Whereas, A tax of fifty cents on every hundred dollars 
worth of property in North Carolina has been laid by the Con- 
federate Government, to be paid in specie, or in Treasury notes 
of the Confederate Government ; and whereas, the present 
financial embarrassment and general depreciation in the price of 
productions Of the country renders it almost certain that the 
people will not be able to make said payments in the manner 
and at the time required without producing serious pecuniary 
distress ; be it, therefore, 



1861.] STATE CONVENTION. 19 

Resolved, That a committee of five be appointed by the Pre- 
sident, whose duty it shall be to inquire into the propriety and 
practicability of this Convention providing for the payment of 
said tax, so as to afford some relief to the people ; and that 
they report by ordinance or otherwise. 

Mr. Thomas, of Jackson, offered an ordinance to enlarge the 
powers of Justices of the Peace, which passed the first reading. 

Mr. Biggs, from the committee to whom was referred an 
" Ordinance respecting Oaths," made a report thereon, accom- 
panied with a substitute therefor, recommending its passage ; 
which report and ordinance, on motion of Mr. Gorrell, were 
ordered to lie on the table and be printed. 

Mr. Thomas, of Jackson, offered the following, which lies over 
one day: 

Resolved, That a committee of five members be appointed by 
the President to take into consideration, all repeals of, or amend- 
ments to, the Ats of the General Assembly, and that it be their 
duty to report thereon to the Convention. 

Mr. Pettigrew introduced an Ordinance in relation to the 
appointment and commissioning of militia officers, which passed 
its first reading and was ordered to be printed. 

The Resolution introduced yesterday by Mr. Carson, was then 
taken up, amended, on motion of Mr. Graham, by providing 
that the committee proposed to be raised should consist of five 
members instead of ten, and was then agreed to. 

Mr. Meares offered the following Resolution, which passed its 
first reading : 

Resolved, That the Governor be, and he is hereby authorized 
to transfer to Col. W. J. Green's Independent Regiment of 
North Carolina Volunteers, such military companies as have 
been accepted and not assigned to any other regiments. 

The rules were suspended and the Resolution read the second 
time. 

Mr. Howard moved to amend the same as follows : " Provided 
that no member of a company shall be required to join said 
service without his consent," which was agreed to. 

Mr. Graham moved to add to the amendment just adopted the 
words, "given in writing," which was also agreed to. 



20 JOURNAL OF THE [2d Session, 

Mr. Ferebee moved to postpone the further consideration of 
the subject until Monday next, which was not agreed to. 

The Resolution then passed the second reading and was read 
the third time. 

Mr. Ruffin moved to insert after the word, " Governor," the 
words, "if he shall deem it proper," which was agreed to. 

Mr. Howard moved to strike out the words inserted on his 
motion on the second reading, and it was not agreed to. 

The Resolution then passed the third reading and was ordered 
to be enrolled. 

The Ordinance to suppress speculation, &c, was taken up. 

Mr. Howard gave notice of certain amendments which he 
would offer at the proper time, which were read for information 
and ordered to be printed. 

The further consideration of the subject was then postponed 
until Monday at 12 o'clock. 

On motion of Mr. Rayner, the ordinance heretofore intro- 
duced by him, to provide for the immediate wants of the 
Treasury, was made the special order for Tuesday next, at 12 
clock. 

Then, on motion of Mr. Green, the Convention adjourned 
until Monday. 



IN CONVENTION, Monday, November 26, 1861. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Joseph M. Atkinson, of the Presby- 
terian Church. 

The journal of Saturday was read and approved. 

The President announced the following committees : 

On the Legislative Department — Messrs. Graham, Rayner, 
Smith of Halifax, Strong, Meares, Brown, Foster of Randolph, 
Caldwell of Rowan, McDowell of Burke, and Woodfin. 

On the Executive Department — Messrs. Howard, Dillard, 
Green, Leak of Richmond, Arrington, Gilmer, Headen, Miller, 
Calloway and Greenlee. 



1861.] STATE CONVENTION. 21 

On the Judical Department — Messrs. RufHn, Biggs, Battle 
of Edgecombe, Sanders, Strange, Mitchell, Badger, Kittrell, 
Johnston and McDowell of Madison. 

On the modes of amending the Constitution — Messrs. Osborne, 
Barnes, Warren, Thompson, McNeill of Cumberland, Holden, 
Cunningham, Leak of Anson, Phifer, Armfield and Smith of 
Macon. 

On the Stay Law — Messrs. Schcnck, Walton, Ellison, Ward, 
Holmes, Royster, Mebane, Turner, Jones of Caldwell and 
Thomas of Jackson. 

On Foreigners, Schools, £c. — Messrs. Pettigrew, Gorrell, 
Bunting, Thornton and Patterson. 

On Army Contracts — Messrs. Satterthwaite, Carson, Dick- 
son, Jones of Rowan and Setzer. 

On payment of the Confederate Tax — Messrs. Satterthwaite, 
Dick, Hargrove, Ferebee and Long. 

Mr. Ferebee offered the following : 

Resolved, That the Governor be authorized and requested to 
accept the services of four additional companies of twelve 
months volunteers, and to offer the same to be attached to the 
six companies now stationed near Portsmouth, Virginia, and 
commanded by Lt, Col. William T. Williams. 

Resolved, That the companies of said regiment be entitled 
to the same bounty and pay as are provided in an act of the 
General Assembly, entitled " an act to provide for the public 
defense," ratified on the tenth day of May, 1860. 

The resolutions were, on motion, referred to the committee on 
military affairs. 

Mr. Osborne offered the following, which lies over one day : 

Resolved, That the committee on military affairs be instructed 
to enquire into the expediency of exempting from military duty, 
all operatives now engaged in the various factories of this State, 
employed in furnishing manufactured articles for the State or 
Cenfederate government. 

Mr. Manning introduced an ordinance providing for an ex- 
change of bonds and for other purposes, which passed its first 
reading and was, on motion, referred to the committee on the 
Coalfields connection. 



22 JOURNAL OF THE [2d Session, 

On motion of Mr. Manning, the President was authorized to 
appoint two additional members on said committee. 

On motion of Mr. Headen, the various subjects reported on 
at the last session by said committee were recommitted to the 
committee on the Coalfields connection. 

Mr. Gorrell introduced an ordinance concerning the Superior 
Courts of Law, and the Supreme Court, which passed its first 
reading and was, on motion, referred to the committee on Judi- 
cial questions. 

The resolution of Mr. Satterthwaite in relation to the Con- 
federate Tax was then taken up and agreed to, and the Presi- 
dent announced the committee, the list of which is to be found 
in a preceding part of this day's journal. 

On motion of Mr. Ruffin, the resolution introduced during the 
last session, relating to appropriations, was referred to the Leg- 
islative committee. 

On motion of Mr. Ellison, the committee on certain sections 
of the Bill of Rights were discharged from the further consid- 
eration of the subject, and the same was referred to the Legis- 
lative committee. 

The ordinance to add another section to the Constitution was, 
on motion of Mr. Headen, referred to the same committee. 

The resolution in relation to reprieves, pardons, &c, was, on 
motion, referred to the Executive committee. 

The resolution proposing a reduction in the number of the 
members of the General Assembly, and a classification of Sena- 
tors, was, on motion, referred to the Legislative committee. 

The ordinance concerning the appointment and commission- 
ing of militia officers, was read the second time, and on motion, 
referred to the committee on Military Affairs. 

The ordinance to enlarge the powers of Justices of the Peace 
was read the second time, and, on motion, referred to the com- 
mittee on Justices of the Peace. 

The Resolutions of confidence in the justice of our cause, 
and the patriotism and integrity of the administration were 
then adopted unanimously, on a call of the ayes and noes> 
ordered on motion of Mr. Satterthwaite, as follows : 



1861.] STATE CONVENTION. 23 

Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, 
Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
Berry, Biggs, Bond, Brown, Bryson, Bunting, Calloway, Can- 
non, Carson, Cunningham, Darden, Dick, Dickson, Dillard, 
Douthitt, Durham, Edwards, Eller, Ellison, Ferebee, Fuller, 
Gilmer, Gorrell, Graham, Green, Greenlee, Hargrove, Ileaden, 
Hearne, Hicks, Holden, Houston, Johnston, Jones of Caldwell, 
Jones of Rowan, Joyce, Kelly, Leak of Anson, Leak of Rich- 
mond, Long, Lyon, Mann, Manning, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Meares, Mebane, Merritt, Miller, Mitchell, Moseley, 
Myers, Osborne, Patterson, Penland, Pettigrew, Phifer, Rayner, 
Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Schenck, 
Setzer, Smith of Halifax, Smith of Johnston, Smith of Macon, 
Sprouse, Spruill of Tyrrell, Strange, Strong, Sutherland, 
Thomas of Carteret, Thomas of Jackson, Thornton, Turner, 
Walton, Ward, Warren, Whitford, Williams, Williamson, Wilson, 
Woodfin and Wooten — 93. 

The ordinance relating to eligibility of members of the Gene- 
ral Assembly, was, on motion, referred to the Legislative com- 
mittee. 

The ordinance declaring the political status of citizens of the 
State holding office under the government of the United States, 
was, on motion, referred to a select committee. 

The ordinance relating to the eligibility of preachers of the 
gospel to seats in the General Assembly, was, on motion, refer- 
red to the Legislative committee. 

The resolution in regard to certain lands in Haywood County, 
owned or claimed by alien enemies, was, on motion of Mr. 
Strong, referred to a select committee. 

The ordinance to repeal the 14th chapter of the acts of the 
General Assembly, passed at its second special session, was 
then read the second time. 

Pending the consideration thereof, the hour arrived for the 
consideration of the special order, being the ordinance to sup- 
press speculation, when, on motion of Mr. Badger, the same 
28 



24 JOURNAL OF THE [2d Session, 

was postponed to allow the Convention to dispose of the pend- 
ing suhject. 

Mr. Thomas, of Jackson, moved to refer the ordinance to a 
select committee, which was not agreed to. 

Mr. Biggs moved that the subject lie on the table, on which 
motion the ayes and noes were ordered, and resulted in the 
negative, ayes 32, noes 66, as follows : 

Ayes — Messrs. Battle of Edgecombe, Biggs, Brown, Bunt- 
ing, Darden, Dickson, Dillard, Durham, Edwards, Fuller, Green, 
Johnston, Jones of Rowan, Kelly, McDowell of Burke, McNeill 
of Cumberland, Moseley, Patterson, Penland, Pettigrew, Phifer, 
Rayner, Rhodes, Strange, Strong, Sutherland, Thornton, 
Turner, Ward, Williamson, Woodfin and Wooten — 32. 

NoeS — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
ger, Barnes, Batchelor, Battle of Wake, Berry, Bond, Bryson, 
Calloway, Cannon, Carson, Cunningham, Dick, Douthitt, Eller, 
Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, 
Greenlee, Hargrove, Headen, Hearne, Hicks, Holden, Hous- 
ton, Jones of Caldwell, Joyce, Kittiell, Leak of Anson, Leak 
of Richmond, Long, Lyon, Mann, Manning, McDowell of 
Madison, Meares, Mebane, Merritt, Miller, Mitchell, Myers, 
Osborne, Royster, Ruffin, Sanders, Satterthwaite, Sch'enck, 
Setzer, Smith of Halifax, Smith of Johnston, Smith of Macon, 
Sprouse, Spruill of Tyrrell, Thomas of Carteret, Thomas of 
Jackson, Walton, Warren, Whitford, Williams and Wilson — 66. 

After some further discussion, Mr. Biggs moved to proceed 
to the orders Of the day, which was not agreed to. 

Mr. Thomas, of Jackson, moved that the Convention adjourn, 
which was not agreed to. 

The ordinance then passed the second reading. 

On motion of Mr. Badger, the rules were 'suspended, and the 
ordinance passed the third reading, and was ordered to be 
enrolled. 

A message was received from his Excellency the Governor, 
through the hands of Pulaski Cowper, Esq., his Private Secre- 
tay, which, on motion, was referred to the committee on the 
immediate wants of the Treasury. 



1861.] STATE CONVENTION. 25 

On motion of Mr. Badger, the ordinance on the subject of 
finances, which had been made the special order for to-morrow 
at 12 o'clock, was made the order for half-past 10 o'clock, A. M. 

On motion of Mr. Ferebee, the Convention adjourned. 



IN CONVENTION, Tuesday, November 26, 1861. 

The President took the Chair and called the Convention to 
order. Prayer by Rev. Henry Hardie, of the Presbyterian 
Church. 

The journal of yesterday was read and amended. 

The President announced the following committees : 

On the political status of citizens of this State who hold office 
under the United States — Messrs. Rayner, Battle of Wake, 
Williamson, Osborne and Batchelor. 

On Resolutions relating to a change in the Bill of Rights — 
Messrs. Ellison, Badger, Holmes, Ruffin and Dick. 

On lands in Haywood County belonging to alien enemies — 
Messrs. Strong, Hicks, Fuller, Headen, Wilson. 

On Coalfields Road [additional) — Messrs. Gilmer aud Barnes. 
~ On motion of Mr. Biggs, the Secretary was instructed to 
have printed a list of the committees of this body. 

Mr. Ferebee offered the following, which lies over one day : 

Resolved, That the committee on the condition and rights of 
foreigners in this State, be instructed to report an ordinance, 
declaring — 

1st. That no one Avho shall become a citizen of the Confede- 
rate States of America, after the close of the existing war, shall 
be entitled to vote until he has been a resident thereof for 
twenty-one years. 

2d. That no such person shall be eligible to a seat in either 
branch of the General Assembly, to the office of Governor, or 
Judge of the Superior or Supreme Court. 

The hour having arrived for taking up the special order of 
the day, the same was, on motion of Mr. Ruffin, postponed until 
to-morrow at half-past 10 o'clock. 



26 JOURNAL OF THE [2d Session, 

Mr. Graham offered the following : 

Resolved, That the committee on the Judiciary be instructed 
to inquire into the expediency of providing for separate courts 
of justice in all cities and towns having more than two thousand 
inhabitants. 

On his motion the rules were suspended and the resolution 
was agreed to. 

The ordinance to amend the 6th section of the Constitution, 
was, on motion of Mr. Schenck, referred to the Legislative 
committee. 

The ordinance to amend the 13th section of the Constitution 
was, on motion of Mr. Smith, of Johnston, referred to the 
Judicial committee. 

The resolution of Mr. Ellison, relating to a volunteer com- 
pany to be composed of the officers and members of the Con- 
vention, was, on motion, ordered to lie on the table. 

The ordinance heretofore offered by Mr. Badger, to suppress 
speculation, &c, was taken up for consideration, the pending 
question being on the amendment offered by Mr. Ruffin to an 
amendment proposed by Mr. Badger, on which the ayes and noes 
had been ordered, and were now taken, and resulted in the 
affirmative, ayes 83, noes 17, as follows : 

Ayes — Messrs. Allison, Arrington, Atkinson, Barnes, Batche- 
lor, Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bond, 
Brodnax, Brown, Bryson, Bunting, Calloway, Cannon, Cunning- 
ham, Darden, Dick, Dickson, Dillard, Douthitt, Durham, Ed- 
wards, Eller, Ellison, Ferebee, Foster of Ashe, Foy, Fuller, 
Gilmer, Gorrell, Graham, Hargrove, Headen, Hicks, Houston, 
Johnston, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, 
Leak of Anson, Leak of Richmond, Long, Lyon, Mann, Mc- 
Dowell of Burke, McDowell of Madison, McNeill of Cumberland, 
Meares, Mebane, Merritt, Miller, Moseley, Myers, Osborne, 
Pettigrew, Phifer, Rhodes, Royster, Ruffin, Sanders, Satter- 
thwaite, Schenck, Setzer, Shipp, Smith of Halifax, Smith of 
Macon, Sprouse, Strong, Sutherland, Thornton, Turner, Wal- 
ton, Ward, Warren, Washington, Williams, Williamson, Wilson, 
Woodfin and Wooten — 83. 



1861.] STATE CONVENTION. 27 

Noes — Messrs. Armfield, Badger, Carson, Green, Greenlee, 
Hearne, Holden, Kelly, Moody, Patterson, Penland, Rayner, 
Smith of Johnston, Spruill of Tyrrell, Strange, Thomas of 
Cateret, and Whitford — 17. 

The question being then upon the amendment as amended, it 
was agreed to. 

Mr. Badger now moved to amend as follows : Insert at the 
end of the 10th line, after the word, " consumption," the words, 
"or for sale at reasonable prices," which was agreed to. 

Mr. Batchelor moved to amend by striking out the word, 
"prices," in the 8th line, and inserting the word, " profits," 

Pending the consideration of which the hour arrived, when, 
according to a resolution previously agreed to, the Convention 
adjourned. 



IN CONVENTION, Wednesday, November 27, 1861. 

The Convention met, the President in the Chair. Prayer by 
Rev. Joel W. Tucker, of the M. E. Church, South. 

The journal of yesterday was read and approved. 

Mr. Jones, of Caldwell, presented a petition from sundry citi- 
zens of Caldwell County, praying relief from the operations of 
the Stay Law, by a repeal of the same, which was read and 
referred to the committee on that subject. 

Mr. Sanders offered the following, which lies over one day : 

Resolved, That from and after to-morrow, this Convention 
will meet daily at 10 o'clock, a. m., and adjourn at 2, p. m., 
re-assemble at 4 o'clock and adjourn at its discretion. 

Mr. Warren offered the following : 

Resolved, That the Constitution ought to be amended by 
striking out the whole of the second clause of section 1, of the 
4th article of the amendments to the Constitution, which on his 
motion was referred to the committee on the mode of amending 
the Constitution. 

Mr. Warren also offered the following, which lies over one day : 



28 JOURNAL OF THE [2d Session, 

^Resolved, That the Adjutant General be requested to inform 
this Convention, whether the company officers of the troops in 
the service of the State, have, through their commanding officers, 
reported to him, as required by the 2d section of an Act entitled 
"An Act concerning future requisitions of troops," ratified on 
the 12th day of September, 1861, and if so, to furnish to the 
Convention a statement of the number of troops, rank and file, 
in service from North Carolina, the names and residences of all 
regimental and field officers, and the number of troops from each 
county in the State, whether the companies to which they belong 
were formed in the county or not. 

The resolution heretofore introduced by Mr. Williams in regard 
to enslaving free negroes was then read, and, on his motion, 
referred to a select committee. 

The resolution heretofore introduced by Mr. Woodfin, in 
regard to the basis of representation, was referred to the Legis- 
lative committee. 

Mr. Woodfin, from the committee on the supply of Salt, 
made a report, accompanied by an ordinance on the subject, 
which passed the first reading, and, together with the report, 
was ordered to lie on the table and be printed. 

Mr. Washington gave notice of an amendment which he would 
offer at the proper time, which was ordered to be printed also. 

On motion of Mr. Gilmer, the ordinance to amend the Con- 
stitution, so as to provide for annual sessions of the General 
Assembly, was taken up, and referred to the Legislative com- 
mittee. 

Mr. Ruffin, from the committee on the wants of the Treasury, 
reported a substitute for the ordinance referred to the commit- 
tee, which, with a communication from the Governor on the 
subject, was ordered to be printed. 

On motion of Mr. Ruffin, the Said ordinance was made the 
special order for to-morrow at 11 o'clock. 

The unfinished business of yesterday, the ordinance to sup- 
press speculation, was then taken up, the question being on Mr. 
Batchelor's amendment to substitute "profits" for "prices." 



1861.] STATE CONVENTION. 29 

On this question the ayes and noes were ordered, on motion 
of Mr. Green, and resulted in the negative, ayes 30, noes 71, 
as follows: 

Ayes — Messrs. Atkinson, Batchelor, Battle of Edgecombe, 
Battle of Wake, Brown, Bunting, Darden, Dickson, Dillard, 
Durham, Foster of Ashe, Fuller, Greenlee, Hicks, Howard, 
Johnston, McNeill of Cumberland, McNeill of Harnett, Moody, 
Moseley, Myers, Patterson, Schenck, Setzer, Smith of Halifax, 
Strong, Sutherland, Ward, Williamson and Wooten — 80. 

Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
Berry, Biggs, Bond, Brodnax, Bryson, Caldwell of Rowan, Cal- 
loway, Cannon, Carson, Cunningham, Dick, Douthitt, Edwards, 
Eller, Ellison, Ferebee, Foy, Gilmer, Gprrell, Graham, Green, 
Hargrove, Headen, Hearne, Holden, Holmes, Jones of Rowan, 
Joyce, Kelly, Leak of Anson, Leak of Richmond, Long, Lyon, 
Mann, Manning, McDowell of Burke, McDowell of Madison, 
Meares, Mebane, Merritt, Miller, Osborne, Penland, Pettigrew, 
Phifer, Rayner, Rhodes, Royster, Ruffin, Sanders, Shipp, Smith 
of Johnston, Smith of Macon, Sprouse, Spruill of Tyrrell, 
Strange, Thomas of Carteret, Thompson, Thornton, Walton, 
Warren, Washington, Whitford, Williams, Wilson and Wood- 
fin— 71. 

Mr. Leak, of Richmond, gave notice of an amendment which 
he would propose at the proper time. 

Mr. Barnes moved to amend by inserting after the word, 
"means," in the third line, the words, " except by producing," 
which was agreed to. 

Mr. Barnes also moved to amend by striking out all between 
the word, "be," in the 27th line, and the word, "and" in the 
29th line, and insert the words, " punished by the Court as for 
a misdemeanor," which was agreed to. 

Mr. Mebane moved to amend by striking out all after the 
word, "grain," in the 5th line, down to the word, "fish," in the 
6th line ; not agreed to. 

He also movect.to strike out the words, "other dead victual," 
in the 6th line, which was not agreed to. 

Mr. Ruffin moved to strike out the word, "cheese," in the 
5th line, which was not agreed to. 



30 JOURNAL OF THE [2d Session, 

Mr. Smith, of Johnston, moved to insert after the word, 
" prices," in the 8th line, the words, ''or to convert the same, 
or any part thereof, into distilled spirits," but after some dis- 
cussion thereon, he withdrew the amendment. 

Mr. Leak, of Richmond, offered' the following amendment : 
Strike out all after the enacting clause, and insert — 

" 1. That whenever the Governor of this State shall suspect 
that any individual or company of individuals hold any quantity 
of salt for the purpose of extorting from the necessities of the 
people, or upon the necessities of the State or the Confederate 
Government, it shall be his duty to seize the same by his consti- 
tuted Agent or Agents for the purposes hereinafter indicated. 

2. Upon the seizure of the salt as aforesaid, by the agent or 
agents aforesaid, the Governor shall choose one freeholder of the 
city, town, or county, where the seizure was made, and the indi- 
viduals or company of individuals, owning or holding said 
property, may elect also one freeholder, in no way interested in 
said salt, or connected with any one who is interested therein, 
and the persons thus chosen shall appoint a third freeholder, in 
like manner disinterested : But if the party owning or holding 
said property, shall decline to select a freeholder for the space 
of twenty-four hours, then the Governor shall choose two free- 
holders, who shall elect a third, who shall be in no way interested 
in said salt, or connected with any one interested therein. 

It shall be the duty of the freeholders thus chosen by the 
parties in the first instance, or by the mode pointed out in the 
second instance, after being duly sworn faithfully to perform the 
duties now imposed, to ascertain as nearly as they can, under all 
the circumstances, what is a fair and reasonable price to be 
demanded, either by the bushel or by the sack, as the case may 
be, by the owner or owners, holder or holders, aforesaid ; and 
the freeholders, aforesaid, thereupon, with as little delay as prac- 
ticable, shall report their action in the premises to the Governor, 
and give to the owner or owners, or their agent, a certificate of 
said valuation. 

If, thereafter, the owner or owners, or their agents, shall 
refuse to sell said property at the valuation affixed by the free- 
holders, on first being presented by the freeholders aforesaid, 



ISSL] STATE CONVENMOft ai 

with a draft drawn by the Governor aforesaid, upon the Treas- 
urer of the State of North Carolina, which draft the Governor 
is authorized to give, and the Treasurer to pay, the salt so seized 
shall be retained by the freeholders and be subject to the fol- 
io-wing disposition by the Executive : That is to say, the salt so 
seized or purchased by the Governor, under this ordinance, 
shall be by him distributed at such points as he shall deem best, 
and sold for cash to consumers only, (by agents appointed by 
him,) at such prices as will cover the costs, including interest, 
transportation and commissions. 

The verdict of the jury aforesaid, shall be final and subject 
to no appeal, and should they increase the assessment made by 
the freeholders in the first instance, then the county in which 
the seizure was made, shall pay all costs, including a tax fee of 
twenty dollars to complainant's attorney; but, if there be no 
reduction of the valuation, then the complainant shall pay all 
costs, including a tax fee of twenty dollars to the counsel 
employed by the Governor, for which the court shall sue out its 
execution. The increased valuation shall bear interest from the 
time of seizure up to the time of its presentation for payment 
at the Treasury, when, should its payment be refused by the 
Treasurer, upon the presentation of the Governor's draft by 
the owner, or by his or their agent, then the party or parties 
interested, shall be entitled to interest at the rate of six per 
cent, per annum, until payment shall be made ; but, if the party 
shall refuse to receive payment in Treasury notes of the Con- 
federate States, or in current notes of this State, then he shall 
not be entitled to interest. The Governor is hereby authorized 
to employ counsel for the State in all cases arising under this ordi- 
nance, and for their compensation, to draw upon the Treasurer 
for its payment, and also for any expenses the State may incur 
by the enforcement of this ordinance. 

And be it further ordained, That that this ordinance shall 
be in force during the present war only, and until all seizures 
and purchases made under it shall be disposed of, as before 
indicated, and may be repealed or modified by the General 
Assembly." 

And then, on motion, the Convention adjourned* 
29 



82 JOURNAL OF THE [2d Boston, 



IK CONVENTION, Thursday, November 28, 1861. 

The President took the Chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 

The President announced the following as the committee on 
the subject of enslaving free negroes : Messrs. Williams, Moody, 
Foy, Hargrove and Shipp. 

Mr. Mebane presented a petition from sundry citizens of Ala- 
mance County, in regard to the Stay Law, which, on his motion, 
was referred to the committee on that subject. 

Messrs. Schenck and Setzer presented petitions from Gaston 
and Catawba counties on the same subject, which were similarly 
referred. 

Mr. Armfield presented a petition from citizens of Surry, 
Wilkes and Yadkin counties on the subject of a tax on distille- 
ries, which, on his motion, was referred to a select committee. 

Mr. Miller presented a petition from certain citizens of Cleave- 
land County, asking an amendment to the Constitution so as to 
provide for the election of Justices of the Peace by the qualified 
voters of the State, which was, on motion, referred to the 
committee on Justices of the Peace. 

Mr. Gorrell presented the proceedings of a meeting held in 
Greensboro' in regard to a Railroad connection between Greens- 
boro' and Danville, which, on his motion, was referred to the 
committee on military affairs. 

Mr. Satterthwaite, from the committee to whom was referred 
a resolution relating to the assumption by the State of the 
Confederate tax, reported a resolution on that subject, which lies 
over one day. 

Mr. McDowell, of Madison, presented a petition from two free 
persons of color of Madison County, praying that they may 
become the slaves of Smith Atkin, which, on his motion, was 
referred to the committee on that subject. 

Mr. Biggs offered the following resolution, which lies over one 
day: 



1861.] STATE CONVENTION. 33 

Resolved, That the committee on Military Affairs inquire into 
the necessity and propriety of providing for volunteers mustered 
into the service of the Confederate States for twelve months, 
for local defence, the same bounty, clothing, equipments, &c, 
as troops mustered into the service of the State and transferred 
to the Confederate States, and that they report by resolution, 
ordinance or otherwise, as soon as practicable. 

Mr. Kittrell offered the following, which, the rules having 
been suspended, on motion, Avas agreed to. 

Resolved, That the committee on Military Affairs be requested 
to ascertain and report to this Convention, the oaths and forms 
thereof required by law to be taken by the officers and soldiers 
enlisted in the Confederate army from the State of North 
Carolina. 

Mr. Pettigrew, from the committee to which was referred a 
resolution in relation to the suffrage of foreigners, reported the 
same back, and asked to be discharged from its further consid- 
eration, on the ground that, in the opinion of the committee, it 
was more properly referrable to the Legislatire committee — lies 
over one day. 

Mr. Thomas, of Jackson, introduced an ordinance concerning 
slaves, which passed its first reading, and was ordered to be 
printed. 

Mr. Green offered the following, which lies over one day : 

Resolved, That this Convention ought to elect a Governor to 
fill the unexpired term of His Excellency, John W. Ellis, 
deceased. 

Mr. Battle, of Wake, introduced an ordinance to establish 
the office of Lieutenant Governor, which passed the first read- 
ing, and was ordered to be printed. 

Mr. Graham offered the following: 

Resolved, That the Legislative committee be instructed to 
inquire into the expediency of so amending the Constitution as 
to declare that no law shall be passed to impair the obligation 
of contracts, and every law whose effect is to hinder and delay 
the fulfillment of contracts, is considered as impairing the obli- 
gation of the same. 



34 JOURNAL OF THE [2d Session, 

Resolved, That said committee be further instructed to inquire 
into the expediency of defining the term of service of the Gen- 
eral Assembly, in each successive Legislature. 

On his motion the rules were suspended and the said resolutions 
were agreed to. 

Mr. Meares offered the following, which, the rules being 
suspended, was agreed to : 

Resolved, That the committee on military affairs be instructed 
to inquire into the propriety of paying the bounty for enlistments 
to the men belonging to Capt. J. M. Stevenson's company of 
artillery, and to other companies, and that said committee report 
to this Convention by ordinance, resolution, or otherwise. 

On motion of Mr. Graham, the ordinance concerning oaths 
was taken up and made the special order for Monday, 12 o'clock. 

^he special order was then taken up, and on motion of Mr. 
Ruffin, was postponed until to-morrow at 11 o'clock. 

The unfinished business of yesterday was now considered by 
the Convention, when, 

Mr. Battle, of Wake, offered to amend as follows : Add to the 
1st section, " Provided that the defendant may, on oath, give 
evidence in his defense," which was not agreed to. 

Mr. Lyon moved to amend by adding to line 30, the words, 
"And all moneys arising from fines under this ordinance shall 
be applied by the several County Courts, where the same may 
be, to the support of indigent families of volunteers and State 
troops, in the service of this State or the Confederate States ;" 
which was agreed to. 

Mr. Schenck offered the following amendment, which Avas 
agreed to : After the word " forestaller," in the 20th line, insert, 
" Provided that upon sufficient cause being shown, upon affidavit, 
the Court shall have power to order the taking of depositions to 
be read on behalf of the accused, upon such terms as the Court 
may decree, on the trial of cases arising under this ordinance. 

Mr. Berry moved to insert, after the word " whatsoever," in 
the 7th line, the words, " and also, leather," which was agreed to. 

Mr. Rayner moved to amend by inserting, after the word 
"own," in the 10th line, the words, "use or," which was agreed to. 

The second section having been read, 



1861.] STATE CONVENTION. 35 

Mr. Barnes moved to amend the same by striking out all 
between the word "nature," in the 14th line, and "and," in 
the 16th line, which was not agreed to. 

Mr. Howard moved to amend as follows : Strike out all after 
the word " ordinance," in the 31st line, and insert, ''appeals 
shall be allowed as in ordinary cases," which was agreed to. 

Mr. Battle, of Wake, now moved to strike out the whole of 
the second section, and it was agreed to. 

Mr. Setzer moved that the whole subject lie on the table, on 
which the ayes and noes were ordered, on his motion, and resulted 
in the negative — ayes 15, noes 83, as follows : 

Ayes — Messrs. Carson, Green, Headen, Johnston, Jones of 
Rowan, Manning, McDowell of Burke, Mebane, Miller, Pat- 
terson, Phifer, Schenck, Setzer, Shipp and Whitford — 15. 

Noes — Messrs. Allison, Armfield, Arrington, Atkinson, 
Badger, Barnes, Batchelor, Battle of Edgecombe, Battle of 
Wake, Berry, Biggs, Bond, Brodnax, Brown, Bryson, Bunting, 
Caldwell of Rowan, CalloAvay, Cannon, Cunningham, Darden, 
Dick, Dickson, Dillard, Douthitt, Durham, Edwards, Eller, Elli- 
son, Ferebee, Foster of Ashe, Foy, Fuller, Gorrell, Graham, 
Greenlee, Hargrove, Hearne, Hicks, Holden, Holmes, Houston, 
Howard, Jones of Caldwell, Joyce, Kelly, Kittrell, Leak of 
Anson, Leak of Richmond, Long, Lyon, Mann, McDowell of 
Madison, Meares, Merritt, Moody, Moseley, Myers, Pen land, 
Pettigrew, Rayner, Rhodes, Royster, Ruffin, Sanders, Smith of 
Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
Strange, Sutherland, Thomas of Carteret, Thomas of Jackson, 
Thompson, Thornton, Turner, Walton, Ward, Warren, William _ 
son, Wilson and Woodfin — 83. 

The remaining sections were read, and then the question 
recurred on the amendment offered, on yesterday, by Mr. Leak, 
of Richmond, and the same was not agreed to. 

To give an opportunity for the taking of the ayes and noes, 
Mr. Ruffin moved a re-consideration of the vote just taken, and 
the motion did not prevail. 

Mr. Leak, of Richmond, moved to amend the ordinance as 
follows : 



36 JOURNAL OF THE [2d Session, 

" Be it further ordained, That every distiller in this State 
shall pay a tax of twenty-five cents on every bushel of corn, 
wheat, or rye, which he shall distill, other than for his own use, 
after the 1st day of December, 1861, until the end of the war. 

" Be it further ordained, That every distiller, at the time of 
listing his taxables, in the several counties of this State, shall list, 
on oath, with the magistrate appointed to take the list of taxa- 
bles in his district, the number of bushels of corn, wheat or 
rye he has distilled since the./ first of December, previous to 
the time of making said enlistment, and on failure to do so, 
shall be subject to all the pains and penalties, which persons 
are subject to for refusing to list other subjects of taxation," 
which was not agreed to. 

Mr. Wilson inpved to strike out the third section, on which 
the ayes and noes were ordered, on motion of Mr. Dick. 

Before the vote was ta'ken, Mr. Schenck, moved an adjorun- 
ment, which was not agreed to: 

Mr. Barnes now moved to amend as follows : After the word 
"seized," in the 15th line, insert, "and also determine whether 
the articles seized were necessary for the use of the owner, his 
family, or his dependents, or the use of the sick or disabled, or 
poor or necessitous persons, or for other charitable uses." 

Pending the consideration of the questions before the Con- 
vention, 

The President announced as the committee on distilleries : 
Messrs. Arinfield, Washington, Spruill of Bertie, Berry and 
Durham. 

Mr. Wilson was added to the committee on Justices of the 
Peace. 

And then on motion of Mr. Ferebec, the Convention adjourned. 



IN CONVENTION, Friday, November 29, 1861. 
The President took the Chair and called the Convention to 
order. 

The Journal of yesterday was read and approved. 



1661.] STATE CONVENTION; 3? 

John B. Johcs, Delegate elect from the County of Currituck, 
to fill the vacancy occasioned by the resignation of Mr. Shaw, 
appeared, produced his credentials and took his seat. 

Mr. Thompson introduced an ordinance accompanied with a 
petition, to allow Duncan Artis, a free negro, to enslave him- 
self, which passed its first reading. 

On motion of Mr. Ferebee, the resolutions on the subject of 
foreigners, reported back to the Convention yesterday by Mr. 
Pettigrew, were referred to the Legislative Committee. 

Mr. Thomas, of Carteret, offered the following resolution, 
which lies over one day : 

Whereas, We, the Delegates of the people of North Caro- 
lina, in Convention assembled, did lately adopt unanimously a 
series of resolutions expressing, among other things, undimin- 
ished confidence in the justice of the cause for which we have 
taken up arms, our sense of the duty of the people of these 
States to maintain and uphold that cause, and a determination 
to shrink not from the performance of our whole duty in the 
achievement of the independence we have asserted, and to 
accept no alternative therefor : And whereas, unanimity and 
harmony are necessary, and whatever would impair these among 
those who would m good faith, keep, stand to, abide by, and 
perform those resolutions, should be discountenanced, therefore, 

Resolved, That we, the delegates aforesaid, will discounte- 
nance all party spirit which may have been excited by former 
differences of principles, measures or conduct of parties as 
designated prior to our act of separation from the Government 
of the United States ; and during the war in which we are 
engaged we would condemn all mere party management, political 
proscription and favoritism; as well, also, the selecting and 
appointing men to office or places of trust and profit, either civil 
or military, within this State, or the Confederate States, because 
of their resistance to the old government earlier than our unani- 
mous act of separation, referred to. 

Resolved, That the military should be forever kept and held 
in strict subordination to, and governed by, the civil authority, 
and while a conflict of these should be deprecated and avoided, 



88 .TO&BKAL OF 111£ j> Sesstoy, 

any interference with the persons or property by the former, 
except in obedience to the latter, or in cases where the public 
safety demands, and the civil authority cannot be invoked or 
had, should subject the person or persons so exercising it, to 
the reprehension and censure of the people, and to disquali- 
fication for posts of military distinction, and to removal there- 
from by the civil power. 

On motion of Mr. Ellison, leave of absence was granted to 
Mr. Smith, of Halifax, for three days, from and after to-day. 

Mr. Ruffin offered the following : .Resolved, That the State 
Librarian transmit to the Department of Justice of the Confed- 
erate States of America, one set of the Reports of the Supreme 
Court of this State, if the same be in the public library, or that 
he purchase such as may be deficient, for that purpose. 

On his motion, the rules were suspended and the resolution 
was agreed to. 

Mr. Battle, of Wake, offered the following, which lies over: 

Resolved, That the committee on Military Affairs be instruct- 
ed to consider the propriety of adopting some means to induce 
the twelve months volunteers in the service of the Confederate 
States, from North Carolina, to enlist for the war. 

The resolution heretofore introduced by Mr. Sanders, rela- 
ting to the daily sessions of the Convention, was then taken up 
for consideration. 

Mr. Smith, of Halifax, moved to amend, so that the Conven- 
tion shall re-assemble at three o'clock and adjourn at five. 

Mr. Graham moved to postpone the further consideration of 
the subject until next Friday, on whieii the ayes and noes were 
ordered, on motion of Mr. Biggs, and resulted in the affirma- 
tive, ayes 53, noes 44, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, Bat- 
tle of Edgecombe, Battle of Wake, Berry, Bond, Bryson, Cald- 
well of Rowan, Cannon, Christian, Dick, Douthitt, Eller, Fere- 
bee, Foster of Randolph, Foy, Gilmer, Graham, Headen, 
Hearne, Holden, Jones of Caldwell, Jones of Rowan, Joyce, 
Kelly, Kittrell, Leak of Anson, Long, Mann, Manning, Meares, 



im.) STAfE CONVKNTIOft ft 

Mcbanc, Merritt, Myers, Pettigrew, Ruffin, Sattenhwaitc, 
Schenck, Shipp, Smith of Macon, Speed, Sprouse, Spruill of 
Tyrrell, Thomas of Carteret, Turner, Walton, Warren, Wash* 
ington, Whitforcl, Wilson and Woodfin — -53. 

Noes — Messrs. Barnes, Biggs, Brodnax, Brown, Bunting, 
Calloway, Carson, Cunningham, Darden, Dickson, Dillard, 
Durham, Ellison, Foster of Ashe, Greenlee, Hargrove, Hicks, 
Holmes, Johnston, Jones of Currituck, Leak of Richmond, 
Lyon, McDowell of Burke, McDowell of Madison, McNeill of 
Cumberland, McNeill of Harnett, Miller, Mitchell, Moody, 
Moseley, Penland, Reid, Rhodes, Royster, Sanders, Setzer, 
Smith of Halifax, Smith of Johnston, Strong, Sutherland, 
Thompson, Thornton, Ward and Williamson — 44. 

The resolution of Mr. Warren, heretofore introduced, asking 
certain information of the Adjutant General, was then taken up 
and agreed to. 

The special order of the day, being the ordinance in regard 
to Revenue, was then taken up. 

Mr. Woodfin moved to postpone the special order, to take up 
and consider the ordinance in regard to a supply of salt, which 
was not agreed to. 

The ordinance in regard to Revenue was then read by sec- 
tions, for amendment. 

The third section being read, 

Mr. Thompson moved to amend by striking out all between 
the words " rate," in the fourth line, and " for," in the 5th line, 
and insert, "six per cent, per annum," which was agreed to. 

The remaining sections having been read, 

Mr. Satterthwaite moved to add, as section 13, the following : 

That interest accruing on the notes which, from time to time, 
may be issued in pursuance of the provisions of this ordinance, 
shall be exempt from taxation. 

After some discussion thereon, the amendment was withdrawn. 

Mr. Biggs moved to amend by adding the following, as sec- 
tion 13 : 

Be it further ordained, That the Treasurer shall keep and 
furnish to the Comptroller, an accurate account of the Treasury 
30 



40 JOURNAL OF THE [2d Session, 

notes issued or to be issued by him, under the Aet of the Gene- 
ral Assembly, and the ordinanee heretofore passed and not 
annulled, and the Comptroller shall also keep an accurate 
account of all such notes in the same manner as is required 
herein in relation to the Treasury notes authorized to be issued 
by this ordinance ; 

And the amendment was agreed to. 

Mr. Armfield moved an amendment to the third section, as fol- 
lows : Strike out of the third line, all after "1865," down to 
"dollars," in the sixth line, and insert, "without interest," 
which was not agreed to. 

The question was then taken on the adoption of the substi- 
tute recommended by the committee, as thus amended, and 
decided in the affirmative. 

And then the ordinance, as amended, passed the second 
reading. 

On motion of Mr. Satterthwaite, the rules were suspended, 
and the ordinance passed the third reading, and was ordered to 
be enrolled. 

And then, on motion, the Convention adjourned. 



IN CONVENTION, Saturday, November 30, 1861. 

The President took the Chair and called the Convention to 
order. Prayer by Rev. Henry Hardie, of the Presbyterian 
Church. 

The journal of yesterday was read and approved. 

On motion of Mr. Holden, leave of absence until Wednesday 
next was granted to Mr. Meares. 

Mr. McNeill, of Cumberland, presented a petition from sun- 
dry citizens of Cumberland County, praying the intervention 
of the Convention to protect the people against speculators, 
monopolists and whiskey distillers, which, on his motion, was 
referred to the committee on distillation. 

Mr. Arrington presented a similar petition from citizens of 
Nash County, which was referred to the same committee. 



1861] STATE CONVENTION. 41 

Mr. Battle, of Wake, in behalf of Mr. Manning, Chairman, 
from the committee on the Coalfields connection, to whom -was 
referred an ordinance to provide for an exchange of Treasury 
notes, reported a substitute therefor, and recommended its 
passage. Lies over one day under the rules. 

Mr. Biggs offered the following : 

Resolved, That the Secretary of State furnish to each member 
of this Convention one copy of the Acts of the General Assem- 
bly, passed at the last regular and extra sessions thereof: Pro- 
vided, That a sufficient number thereof has been printed. 

On his motion, the rules were suspended and the resolution 
was agreed to. 

Mr. Holmes offered the following, which lies over one day : 

Resolved, That the Board of Claims be instructed to report 
to the Convention, the claims of the Wilmington and Manchester, 
and the Western North Carolina Railroad Companies, as here- 
tofore by them allowed and reported to the General Assembly. 

Mr. Howard, from the committee on military affairs, to whom 
was referred an ordinance concerning the appointment and 
commissioning of militia officers, reported the same back to the 
Convention with a substitute therefor, and recommended its 
passage. Lies over one day for consideration. 

Also, adversely on the resolution relating to exemptions from 
military duty ; which also lies over one day. 

Mr. Armfield moved to reconsider the vote of yesterday by 
which the Convention agreed to the ordinance relating to 
Treasury notes, on which the ayes and noes were ordered, on 
motion of Mr. Armfield, and resulted in the negative, ayes 28, 
noes 57, as follows : 

Ayes — Messrs. Armfield, Arrington, Berry, Bond, Bryson, 
Cannon, Christian, Douthitt, Durham, Eller, Ferebee, Gilmer, 
Graham, Joyce, Kittrell, Leak of Anson, Mann, McNeill of 
Cumberland, Mebane, Myers, Sanders, Smith of Johnston, Speed 
Sprouse, Thornton, Turner, Warren and Wilson — 28. 

Noes — Messrs. Allison, Atkinson, Badger, Battle of Wake 
Biggs, Brodnax, Brown, Caldwell of Rowan, Calloway, Carson, 
Cunningham, Dickson, Dillard, Edwards, Ellison, Foster of 



42 JOURNAL OF THE [2d Se^bion, 

Ashe, Foy, Greenlee, Hearne, Hicks, Holden, Holmes, Houston, 
Howard, Johnston, Jones of Caldwell, Jones of Currituck, Jones 
of Rowan, Kelly, Leak of Richmond, McDowell of Burke, 
McDowell of Madison, McNeill of Harnett, Merritt, Miller, 
Mitchell, Moseley, Osborne, Penland, Pettigrew, Rayner, Reid, 
Rhodes, Royster, Ruffin, Satterthwaite, Schenck, Setzer, Smith 
of Macon, Spruill of Tyrrell, Strong, Sutherland, Thomas of 
Carteret, Thompson, Walton, Woodfin and Wooten — 57. 

The President laid before the Convention a letter from 
Walter L. Steele, Secretary, asking leave of absence for an 
indefinite time. 

On motion of Mr. Ruffin, the request was granted. 

Mr. Schenck offeied the following: 

Resolved, That a committee be appointed to inquire into the 
condition of the sick soldiers in the vicinity of this city, and 
that they report whether any other provision is necessary to be 
made for their comfort and recovery. 

On motion, the rules were suspended and the resolution put 
upon its passage. 

Mr. Speed. moved to amend as follows: "And also inquire 
into the expediency and propriety of establishing hospitals at 
Raleigh, Wilmington, Edenton, Newberne and Elizabeth City, 
with post surgeons for the treatment of sick soldiers of North 
Carolina." 

Mr. Schenck accepted the amendment, and the resolution was 
agreed to. 

The President appointed Messrs. Schenck, Reid, Speed, 
McNeill of Harnett, and Bond, to constitute the committee. 

Mr. Smith, of Johnston, introduced an ordinance to insure a 
supply of corn, by a tax on distilleries, which passed its first 
reading and lies over. 

Mr. Rayner presented a petition from citizens of Hertford 
County in relation to speculations upon the necessities of the 
people, which, on his motion, was ordered to lie on the table. 

Mr. Rayner also offered the following : 

Resolved, That the committee of finance be instructed to 
niquire into the expediency of repealing and abrogating that 



1861.] STATE CONVENTION. 43 

provision of an Act passed at the late extra session of the Gen- 
eral Assembly, entitled " Revenue," the 4th section of which 
exempts from taxation the property of all persons worth less 
than five hundred dollars, and which further exempts from 
taxation five hundred dollars worth of property of every person 
AYOrth more than said sum of^five hundred dollars. 

On his motion the rules were suspended, and the, Convention 
proceeded to the consideration of the resolution. 

Mr. Satterthwaite moved to amend as follows : " And said 
committee also inquire and report upon the question of slave 
taxation, as imposed by the last Legislature," which was 
agreed to. 

Mr. Woodfin moved to strike out the words, "of finance," 
and insert, "on the immediate wants of the Treasury," which 
was not agreed to. 

The resolution was then adopted. 

Mr. Joyce introduced an ordinance authorizing the Governor 
to transfer certain companies at High Point to Col. Green's 
regiment, which passed its first reading.' 

On motion, the rules were suspended, the ordinance passed 

the second and third readings, and was ordered to be enrolled. 

. He also introduced an ordinance proposing to amend the 

militia law, which passed its first reading, and was referred to 

the committee on Military Aifairs. 

The unfinished business last before the Convention, being the 
ordinance in regard to speculation, &c, was then taken up, the 
pending .question being on the amendment offered by Mr. 
Barnes, and the amendment was agreed to by the Convention. 

Mr. Washington moved to amend by inserting after the word 
"attorney," the words, "and they shall choose a third person," 
which was agreed to. Also, in the 6th line, after the word 
"seals," strike out the words, "and in case of difference they 
shall choose an umpire," and it w r as agreed to. 

Mr. Ruffin moved to insert after the word in the 16th 

line, the words, " or any two of them," which was agreed to. 
Also, in 19th line, strike out the words, "in like manner," 

which was also agreed to. Also, in line, strike out the 

words, " who shall also make and certify," and it was agreed to. 



44 JOURNAL OF THE [2d Session, 

The question was then put on the pending motion of Mr. 
Wilson to strike out the 3rd section, on which the ayes and 
noes were ordered, on motion of Mr. Dick, and resulted in the 
affirmative, ayes 43, noes 40, as follows : 

Ayes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
Brown, Bryson, Calloway, Cannon, Carson, Cunningham, Dil- 
lard, Douthitt, Durham, Eller, Ellison, Ferebee, Foster of Ashe, 
Graham, Greenlee, Hearne, Houston, Johnston, Jones of Cald- 
well, Jones of Currituck, Jones of Rowan, Joyce, Lyon, Mann, 
McDowell of Burke, Mebane, Mitchell, Penland, Royster, 
Sanders, Schenck, Shipp, Speed, Sprouse, Sutherland, Thomas 
of Carteret, Walton, Warren and Wilson — 43. 

Noes — Messrs. Arrington, Atkinson, Badger, Biggs, Brod- 
nax, Christian, Dickson, Edwards, Foy, Gilmer, Hicks, Holden, 
Holmes, Howard, Kelly, Kittrell, Leak of Anson, Leak of 
Richmond, McNeill of Cumberland, McNeill of Harnett, Mer- 
ritt, Miller, Moseley, Osborne, Pettigrew, Rayner, Reid, 
Rhodes, Ruffin, Smith of Johnston, Smith of Macon, Spruill of 
Tyrrell, Strong, Thompson, Thornton, Turner, Washington, 
Woodfin and Wooten — 40. 

Mr. Washington moved to insert in section 1, after the word 
"grain," the words, " hogs or horned cattle," which was not 
agreed to. 

On motion of Mr. Badger, the further consideration of the 
subject was postponed until Monday, and the ordinance ordered 
to be printed. 

The ordinance on the subject of a supply of salt, was then 
taken up, for consideration on the second reading, and read by 
sections for amendment. 

Mr. Biggs moved to amend by inserting after the word, 
"county," in the 6th line of the 1st section, the words, "or 
some navigable waters," which was agreed to. 

Mr. Leak, of Richmond, moved to strike out the word, "com- 
missioner," and insert the words, "three commissioners," which 
was not agreed to. 

Mr. Ruffin moved to strike out the words, "on the seacoast," 
and it was agreed to. 



1861,] STATE CONVENTION, 15 

He also moved to strike out the words, " this Convention," 
and insert the words, " the Governor of the State," which was 
not agreed to. 

Mr. Christian moved that the Convention adjourn, which was 
not agreed to. 

Mr. Biggs moved to amend the third section, by inserting, 
after the word "State," in the 5th line, the words, "or on 
some navigable waters," Avhich was agreed to. 

Mr. Sanders moved to amend the 4th section, by inserting 
after the words, "Justices of the Peace," the words, "a 
majority being present," and it was agreed to. 

Mr. Washington offered the following as an additional section : 

Be it further ordained. That said commissioner shall have 
power to examine west of the city of Raleigh, by boring, such 
section or sections of country as there may seem to be indi- 
cations of salt formations ; but that no such examinations shall 
be made until an agreement shall have been entered into for the 
conveyance of so much of said land as shall be necessary for 
conducting and carrying on salt works, with the privilege of 
ingress, egress and regress ; and it was not agreed to. 

Mr. Biggs moved to strike out of the 8th section, the words, 
"every three months," and insert the word "monthly," which 
was agreed to. 

Also, after the word "lay," in the 4th line, insert the words, 
"and publish," and it was agreed to. 

Mr. Mitchell moved to strike out all before the word "ete.," 
in the third line, and insert, " it shall be the duty of said Com- 
missioner, on the first Monday of each month, to report to the 
Governor the quantity of salt manufactured during the month 
preceding, and the disposition made of all the salt manufac- 
tured, the cost, &c., of production and transportation, and the 
income to the State on the salt made and sold," which was 
agreed to. 

Mr. Wilson moved to adjourn, which was not agreed to. 

After some further discussion of the ordinance, 

Mr. Gilmer moved to adjourn, and it was not agreed to. 

Mr. Woodfin moved to amend as follows : 



46 JOURNAL OF TBE flto Siebhov, 

" Sec. D; J5e it further ordained) That the Commissioner 
shall, before entering on the duties of his office, take an oath 
of office, and enter into bonds in the sum of one hundred 
thousand dollars, payable to the State, with security to be 
approved by the Governor, and he shall take bond and ample 
security from every agent appointed by him, whose duties shall 
require him to receive and pay out money, and that all such 
bonds shall be payable to the State of North Carolina. 

" Sec. 10. Be it further ordained, That the Commissioner 
shall receive an annual salary of two thousand dollars, and his 
travelling expenses." 

Mr. Kittrell moved to adjourn, which was not agreed to. 

Mr. Foster, of Randolph, moved to strike out " two thousand," 
in the last section, and insert, " fifteen hundred," which was 
agreed to. 
■ The amendment as amended was then adopted. 

On motion of Mr. Rayner, the Convention adjourned. 

[Note. — The journal for the remainder of the second session 
of the Convention, was kept by James H. Moore, Secretary pro 
tern., in the absence of the Principal Secretary.] 



IN CONVENTION, Monday, December 2, 1861. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. J. M. Atkinson, of the Presby- 
terian Church. 

The journal of Saturday was read and approved. 

Mr. Foster, of Randolph, presented two petitions from citizens 
of Randolph County, praying a repeal of the Stay Law, which 
being read, was referred to the committee on that subject. 

Mr. Houston presented a petition from citizens of Union 
County, asking a repeal of the Stay Law, and a remedy against 
the exorbitant speculations in salt. Read and referred to the 
committee on the Stay Law. 



1861.] STATE CONVENTION. 47 

Mr. Leak, of Richmond, presented a petition from citizens of 
his county, against extortionate prices in the necessities of life, 
and the distillation of corn and other grain into -whiskey, which 
was read and referred to the committee on the Stay Law. 

Mr. McNeill, of Cumberland, by consent, presented a letter 
from D. W. Robinson, Esq., stating that Hon. Warren Winslow 
was detained from the Convention by ill health. 

Mr. Schenck, from the select committee on the subject of sick 
soldiers in the vicinity of Raleigh, reported that the committee 
had ascertained that the Surgeon General had taken steps to 
make ample provision for sick soldiers near this city, and that no 
action by the Convention is necessary on the subject. Lies over 
one day. 

Mr. Speed, from the select committee on the subject of Hos- 
pitals, reported an ordinance for the erection of a hospital at 
Elizabeth City, which was read, and lies over under the rules. 

Mr. Holden offered a resolution to raise a committee of in- 
quiry on the subject of the manufacture of Oil Cloth. Lies 
over under the rule. 

Mr. Kittrell introduced a resolution to send a Commissioner 
to the coast, to gather and report information in regard to the 
manufacture of salt in the State, and moved to suspend the 
rules and put the resolution on its passage. The motion was 
not agreed to, and the resolution takes the usual course. 

By Mr. Setzer, a resolution of inquiry in regard to a distri- 
tion of the acts of the General Assembly. Lies over under the 
rule. 

Mr. Biggs moved to take up the unfinished business of Sat- 
urday, being the ordinance on the subject of the manufacture 
of salt, and the motion prevailed. 

The ordinance was then taken up, the question being on its 
passage upon the second reading. 

The question being put, the ordinance passed its second 
reading. 

Mr. Woodfin moved to put it on the third reading. The mo- 
tion prevailed, and the ordinance was read the third time. 
31 



48 JOURNAL OF THE [2d Session, 

Mr. McNeill, of Cumberland, moved to amend the 1st section 
by striking out of the second line the words, "this Convention," 
and inserting the word "Governor," and it was not agreed to. 

Mr. Mitchell oifered the following amendment as an additional 
section : 

"Be it further ordained, That the price per bushel to the 
purchaser of salt, made in pursuance of the provisions of this 
ordinance, shall be determined by ascertaining, as nearly as 
possible, the immediate cost of its production, the incidental 
expenditures of its manufacture, as well as the expense of trans- 
portation to all the depositories of distribution that shall be 
selected, so that the charge of production shall fall equally upon 
every bushel sold, without regard to a difference there may be in 
the cost of transportation to depositories at 'unequal distances; 
and so that the price per bushel to every purchaser from the 
State shall be the same.'* 

This amendment was not agreed to. 

Mr. Leak, of Richmond, moved to amend by striking out all 
after the word "Act," in the 7th section, 2d line, and inserting 
the words, " or shall prove faithless to the trust reposed in' him, 
the Convention not being then in session, the Governor shall 
supply the vacancy created in any of the aforementioned means," 
and the amendment was agreed to. 

Mr. Battle, of Wake, moved to amend section 10, by striking 
out the words " $1500," in order to insert a different sum ; and 
it was not agreed to, aye^ 34, noes 44, by count. 

Mr. Graham offered a substitute, proposing that the State 
shall pay a lonus to producers of salt in the State, under certain 
regulations. 

Pending the consideration thereof, 

A communication was received from His Excellency, the 
Governor, transmitting a communication from Prof. Emmons, 
State Geologist, on the manufacture of Salt from sea-water, which 
was read. 

The question was then put on the substitute offered by Mr» 
Graham, and it was not adopted. 

Mr. Thomas, of Carteret, moved an adjournment, and the 
motion was not agreed to. 



1861.] STATE CONVENTION. 40 

Mr. Bond moved to amend the 1st section of the ordinance, 
by striking out all after the word, "county," in the 5th line, 
and inserting the following : " at the salt works, on the payment 
of the cost of manufacturing, which price shall be paid on the 
delivery of the salt," and the amendment was not agreed to. 

Mr. Gilmer moved an adjournment, and the motion did not 
prevail. 

The question recurred on the final passage of the ordinance, 
on which the yeas and nays were ordered, and resulted, yeas 64, 
nays 18, as follows : 

Yeas — Messrs. Armfield, Arrington, Atkinson, Battle of 
Wake, Biggs, Brodnax, Brown, Bryson, Carson, Christian, Cun- 
ningham, Darden, Dick, Dickson, Dillard, Douthitt, Durham, 
Edwards, Eller, Foster of Ashe,' Foster of Randolph, Foy, Gil- 
mer, Gorrell, Hamlin, Headen, Hearne, Hicks, Hoklen, Holmes, 
Houston, Johnston, Jones of Curricuck, Jones of Rowan, Joyce, 
Kelly, Kittrell, Leak of Anson, Leak of Richmond, McDowell 
of Burke, McDowell of Madison, McNeill of Cumberland, 
McNeill of Harnett, Miller, Moselcy, Osborne, Penland, Phifer, 
Reid, Rhodes, Schenck, Setzer, Shipp, Smith of Johnston, Smith 
of Macon, Spruill of Bertie, Sutherland, Thomas of Carteret, 
Thomas of Jackson, Thornton, Turner, Williams, Woodfm and 
Wooten— 64. 

Nays — Messrs. Allison, Bond, Calloway, Cannon, Ellison, 
Ferebee, Graham, Jones of Caldwell, Mann, Mitchell, Pettigrew, 
Rayner, Ruffin, Satterthwaite, Speed, Sprouse, Walton and 
Warren — 18. 

On motion of Mr. Speed, Mr. Walton obtained leave of 
absence from the Convention for an indefinite period. 

Mr. Schenck moved to reconsider the vote by which the ordi- 
nance providing for the manufacture of salt passed the third 
reading, and the motion Avas not agreed to. 

On motion of Mr. Gorrell, the Convention adjourned till 10 
o'clock to-morrow mornin<>\ 



50 JOURNAL OF THE [2d Session. 



IN CONA'ENTION, Tuesday, December 3, 1861. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. Mr. Broaddus. of the Baptist 
Church. 

The journal of yesterday was read and approved. 

Mr. Warren presented a petition from citizens of Beaufort 
County, praying redress of certain grievances, which was read, 
and, on motion of Mr. Warren, referred to a select committee. 

Mr. Ruffin, from the select committee on the present wants of 
the Treasury, reported an ordinance to increase the clerical force 
of the Treasury Department, which- passed the first reading and 
was ordered to be printed.] 

Mr. Sutherland introduced the following resolution, which lies 
over one day under the rule. 

Resolved, That the Military Committee be instructed to 
inquire into the propriety of the States making an appropriation 
lor the construction of the most improved kind of arms, for arm- 
ing the militia of the State : and that they report by ordinance 
or otherwise. 

Mr. Osborne, from the committee on military affairs, reported 
an ordinance for the construction of a railroad from Greensboro', 
on the North Carolina Railroad, to Danville, in Virginia, which 
was ordered to be printed and made the special order for Monday 
next at 12 o'clock. 

Mr. Battle, of Wake, introduced a resolution requiring the 
Secretary of State to furnish, for the use of the Convention, one 
copy of Cooke's map and one of Pearce's map of North Caro- 
lina ; which lieri over under the rule. 

Mr. Calloway introduced an ordinance to repeal the 4th section 
of an Act of the late extra session of the General Assembly, 
entitled i% Kevemn*, " which passed the first reading, and wa* 
referred to the committee on Finance. 

Mr. Calloway also introduced a resolution of inquiry in regard 
to an amendment to the Constitution, which lies over one day. 
under the rule. 



1861.] STATE CONVENTION. 51 

Mr. Thomas, of Jackson, introduced an ordinance to equalize 
taxation ; and an ordinance to provide a permanent school fund 
and to equalize its distribution among the scholars ; which were 
severally read, and lie over for consideration. 

The following resolutions, etc., heretofore introduced, were 
taken up and disposed of as indicated : 

A resolution of inquiry in relation to twelve months volun- 
teers — read and adopted. 

A resolution of thanks to the officers and soldiers captured at 
Fort Hatteras — read and unanimously adopted. 

A resolution of inquiry concerning volunteer troops called into 
service for local defense — read and agreed to. 

An ordinance to provide for the office of Lieutenant-Gov- 
ernor, — read the second time and referred to the committee on 
the Executive Department. 

An ordinance concerning the emancipation of slaves — read the 
second time. 

Mr. Thomas, of Jackson, moved to lay the ordinance on the 
table, and the motion prevailed. 

On motion of Mr. Biggs, the special order of the day, being 
the ordinance to suppress speculation, was taken up, and passed 
over informally for the present. 

On motion of Mr. Smith, of Johnston, the ordinance to pre- 
vent the distillation of grain, was referred to the committee on 
Distilleries. 

The ordinance to define and punish sedition was taken up on 
its second reading and discussed. Pending its consideration, 

On motion of Mr. Speed, the Convention adjourned to ten 
o'clock to-morrow morning. 



IN CONVENTION, Wednesday, December 1, 1861. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. Mr. Broaddas, of the Baptist 
Church. 

The journal of yesterday was read and approved. 



52 JOURNAL OF THE [2d Session, 

The President laid before the Convention a majority and a 
minority report from the Board of Claims. 

Mr. Ruffin moved that the reports be printed and referred to 
the committee of finance, with instructions to inquire as to the 
expediency of continuing the Board of Claims beyond the 15th 
of the present month, and that they report by ordinance or 
otherwise ; and the motion was agreed to. 

On motion of Mr. Reid, Mr. Biggs was granted leave of 
absence for one week, from and after to-day. 

Mr. Woodfin moved to go forthwith into the election of a Com- 
missioner to superintend the manufacture of salt, and the motion 
prevailed, ayes 52, noes 24. 

Mr. Woodfin then nominated, for Commissioner, Phil. B. 
Hawkins, Esq., of Franklin County. 

Mr. Pettigrew nominated Edward Wood, Esq., of Edenton. 

Mr. Christian nominated John M. Worth, Esq., of Randolph. 

Mr. Ellison nominated E. W. Bagley, Esq., of Martin. 

Mr. Thomas, of Carteret, nominated Benjamin L. Perry, Esq., 
of Carteret. 

The Convention then proceeded to vote m>a voce, as follows: 

For Mr. Hawkins : — Messrs. Arrington, Atkinson, Batch- 
elor, Battle of Edgecombe, Brown, Bunting, Caldwell of Rowan, 
Darden, Durham, Edwards, Hicks, Holmes, Johnston, Kelly, 
Leak of Richmond, Lyon, McDowell of Burke, McDowell of 
Madison, McNeill of Cumberland, 'Mebar.e, Osborne, Penland, 
Reid, Royster, Schenck, St] Yjiomn.s of Jackson, Thornton, 

Turner, Whitford, Williams B -or: id Woodfin — 33. 

For Mn. Wor' h :.— Mes Alson, Arnold, Battle of 

Wake, Calloway, istiaa, 3 .. Douti itt, Eller, Foster of 

Ashe, Foster of Rai lolp . ( Gorr 1! Graham, Hamlin, 

ten, Hearne, Houston, Jones of Rowan. Joyce, Kittrell, 
Leak of Anson, Long, Manning, McNeill of Harnett, Miller, 
Phifcr, Rhodes, Sanders, Setzer, Smith of Johnston, Spruill of 
Tyrrell, and Sutherland— 32. 

For Me. Wood: — Messrs. Bond, Brodnax, Cannon, Carson, 
Dickson, Dillard, Ferebee, Jones of Currituck, Merritt, Petti- 
grew, Shipp, Spruill of Bertie, Warren and Wooten— 14. 



1861.] STATE CONVENTION. 53 

For Mr. Bagley : — Messrs. Berry, Ellison, Jones of Caldwell, 
and Satterthwaite — 4. 

For Mr. Perry: — Messrs. Holdcn, Mann and Thomas of 
Carteret — 3. 

The whole number of votes cast was 86 ; necessary to a choice, 
44. No one having received a majority, there was no election, 
and the Convention proceeded to vote a second time as follows, 
the names of Messrs. Bagley and Wood being withdrawn : 

For Mr. Worth :— Messr;-\ Allison, Armfield, Badger, Battle 
of Wake, Berry, Bond, Brc tax, Bryson, Calloway, Cannon, 
Christian, Dick, Dickson, Do Elier, Ellison, Ferebee, Fos- 

ter of Ashe, Foster of 'Ran jrilmer, Gorrell, Graham, 

Hamlin, Headen, Hearne, I Houston, Jones of Caldwell, 

Jones of Rowan, Joyce, Kittrell, Leak of Anson, Leak of Rich- 
mond, Long, Mann, Marining, McNeill of Harnett, Merritt, 
Miller, Pettigrew, Phifer, Rhodes, Sanders, Satterthwaite, Setzer, 
Shipp, Smith of Johnston, Smith of Macon, Sprouse, Spruill of 
Bertie, Spruill of Tyrrell, Sutherland and Warren — 53. 

For Mr. Hawkins : — Messrs. Arrington, Atkinson, Batch- 
elor, Battle of Edgecombe, Brown, Caldwell of Rowan, Carson, 
Darden, Dillard, Durham, Edwards, Hicks, Holmes, Johnston, 
Jones of Currituck, Kelly, Lyon, McDowell of Burke, McDowell 
of Madison, McNeill of Cumberland, Mebane, Osborne, Penland, 
Rayner, Reid, Royster, Ruffin, Schenck, Strange, Thomas of 
Jackson, Thornton, Turner, Williams, Williamson, Woodfin and 
Wooten— 36. 

For Mr. Perry: — Messrs. Whitford and Thomas of Car- 
teret — 2. 

The whole number of votes cast was 91, necessary to a choice 
46. Mr. Worth having received a majority, was declared to be 
elected. 

The President announced Messrs. Warren, Moscley, Thomas 
of Carteret, Johnston and Bryson, as the select committee on 
the memorial of citizens of Beaufort. 

Mr. McNeill, of Cumberland, introduced the following reso- 
lution, which had its first reading and was referred to the 
committee on the Coalfields Connection : 



54 JOURNAL OF THE [2d Session, 

Ratolved, That the committee on the Coalfields Connection 
be instructed to inquire into the expediency of modifying the 
Charter of the Western Railroad Company, as amended at the 
last regular session of the General Assembly, and report to this 
Convention by ordinance or otherwise. 

Mr. Gorrell presented a memorial from citizens of Guilford 
County, asking a repeal of the Stay Law, which was read and 
referred to the committee on the Stay Law. 

Mr. Ferebee introduced the following resolution, which was 
read, and lies over one day, under the rules : 

Resolved, That this Convention will take a recess from and 
after Saturday, the 14th inst., until Monday, the 20th of 
January. 

Mr. Calloway moved to take up the ordinance to repeal the 
4th section of the Stay Law, introduced by him on yesterday, 
and refer the same to the committee of finance, and the motion 
was agreed to. 

Also, to take up his resolution offered yesterday to amend the 
Constitution, and refer it to the committee on the Legislative 
department, and the motion prevailed. 

Mr. Manning moved to make the ordinance providing for an 
exchange of bonds with the Coalfields Railroad Company the 
special order for Tuesday next, at 12 o'clock, M., and it was 
agreed to. 

On motion of Mr. Sutherland, his resolution in regard to 
arming the militia, was taken up arid referred to the committee 
on military affairs. 

The President (Mr. Satterthwaite in the Chair) announced a 
communication from C. II. Brogden, Comptroller, asking an 
increase in the clerical force in his office, which was read, and, 
on motion of Mr. Badger, was referred to the committee on 
the Wants of the Treasury. 

Mr. Ferebee moved that the Convention now adjourn until 
Friday morning, in order to give the use of the Hall to the 
Electoral College to-day, and to observe to-morrow as a day of 
thanksgiving, in pursuance of the President's proclamation. 
The motion prevailed, and the Convention adjourned to ten 
o'clock, Friday morning. 



1861.] STATE CONVENTION. 



IN CONVENTION, Friday, December 6, 1861. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. Mr. Hardie, of the Presbyterian 
Church. 

The journal of Wednesday was read and amended. 

Mr. Arrington presented a petition from citizens of Nash 
County, in favor of the State's paying the Confederate tax ; which 
was read and referred to the committee on that subject. 

Mr. Johnston presented a petition from Mary Ann Rankin, a 
free woman of color, asking to be allowed to enslave herself and 
children ; read and referred to the committee on free negroes. 

Mr. Thomas, of Jackson, offered a resolution for the appoint- 
ment of a committee to inquire into the expediency of completing 
the Western North Carolina Railroad ; lies over one day under 
the rules. 

By Mr. Armfield, a resolution instructing the Military Commit- 
tee to inquire and report, in regard to the propriety of furnish- 
ing our soldiers with rations of spirits — lies over under the rules. 

Mr. Warren presented a resolution in favor of Dr. William E. 
Pool ; which being read, he moved to suspend the rules and put 
the resolution on its passage, and it was agreed to. 

Mr. Rayner moved to refer the resolution to a select committee 
of three, and the motion prevailed. 

Mr. Osborne, from the committee to whom was referred the 
resolution in regard to amending the Constitution, reported an 
ordinance defining the manner of amending the Constitution, 
which lies over one day under the rules. 

Mr. Graham moved to rescind the order of the Convention 
for printing the report of the Board of Claims, and the motion 
was agreed to. 

Mr. Fuller presented a petition from citizens of Robeson 
County, against distilleries and speculators, which was read and 
referred to the committee on Distilleries. 

By Mr. Long, two petitions from citizens of Randolph in favor 
of a repeal of the Stay Law ; read and referred to the committee 
on the Stay Law. 
32 



56 JOURNAL OF THE [2d Session, 

By Mr. Calloway, a resolution instructing the committee on 
the Executive Department to inquire into the expediency of 
amending the Constitution in regard to the election of Governor ; 
which was read, and lies over one day. 

Mr. Sutherland introduced an ordinance for the suppression of 
Distilleries ; which was read and lies over one day, under the 
rules. 

The following resolutions, etc., heretofore introduced, having 
lain over under the rules, were taken up, read, and disposed of 
as indicated : 

A resolution requesting our Representatives in Congress to 
vote for an increase in the pay of soldiers. 

Mr. Battle, of Wake, offered an amendment, which being 
modified, on motion of Mr. Rayner, was adopted, as follows : 

Resolved, That our Senators and Representatives in Congress 
be requested to vote for an increase of the pay of the common 
soldiers of the Confederate army, Provided, the source of the 
Confederate Treasury will justify it. 

A resolution to elect a Governor to fill the vacancy occasioned 
by the death of Hon. John W. Ellis, was read, and on motion 
of Mr. Green, made the special order for Wednesday next at 
11 o'clock. 

The ordinance to allow Duncan Artis, free negro, to enslave 
himself, was read the second time and referred to the committee 
en free negroes. 

The resolutions discountenancing party spirit during the war, 
and declaring the military subordinate to the civil authority, 
were read. 

The question being on the adoption of the resolutions, the 
yeas and nays were ordered, on motion of Mr. Warren. Before 
the vote was taken, 

Mr. Batchelor moved to strike out the second resolution, on 
which the yeas and nays were ordered, on motion of Mr. Warren, 
and resulted in the negative, yeas 10, nays 68, as follows : 

Yeas — Messrs. Batchelor, Battle of Edgecombe, Bunting, 
Darden, Fuller, Holmes, McNeill of Cumberland, Rayner, Suth- 
erland, Thornton and Wooten — 10, 



1861.] STATE CONVENTION. 57 

Nays — Messrs. Armfield, Arrington, Battle of Wake, Berry, 
Bond, Brodnax, Bryson, Caldwell of Rowan, Calloway, Cannon, 
Christian, Dick, Dickson, Dillard, Edwards, Eller, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Green, Hamlin, Hicks, Holden, Houston, Johnston, 
Jones of Caldwell, Jones of Currituck, Jones of Rowan, Joyce, 
Kelly, Kittrell, Leak of Anson, Leak of Richmond, Long, Mann, 
Manning, McDowell of Burke, McNeill of Harnett, Meares, 
Merritt, Mitchell, Myers, Osborne, Patterson, Penland, Petti- 
grew, Phifer, Rhodes, Royster, Sanders, Satterthwaite, Setzer, 
Shipp, Smith of Halifax, Smith of Macon, Sprouse, Spruill of 
Bertie, Spruill of Tyrrell, Strange, Thomas of Carteret, Turner, 
Warren, Williamson, Wilson and Woodfin — 68. 

Mr. Badger moved to lay the resolutions on the table, on 
which the yeas and nays were oidered, on motion of Mr. Warren. 

Mr. Graham called for the special orders of the day, the hour 
for the consideration thereof having arrived, and it was agreed to. 

Mr. Ferebee moved to postpone the special order for the pur- 
pose of considering his resolution concerning a recess, and the 
motion prevailed. 

The resolution being read, 

Mr. Hicks moved to strike out "20th of January," in order 
to insert some other day. Not agreed to. 

Mr. Woodfin moved to strike out, "Saturday, 14th,'' and 
insert " Friday, loth," and the motion prevailed. 

Mr. Thompson offered a substitute, proposing an adjournment 
on the 21st inst., to the close of the present war. 

The President decided the substitute to be out of order. 

From this decision Mr. Thompson appealed to the Convention, 
and the question being put, the decision of the Chair was 
sustained. 

The question being on the adoption of the resolution as 
amended, the yeas and nays were ordered, on motion of Mr. 
Merritt, and resulted in the affirmative, yeas 53, nays 31, as 
follows : 

Yeas — Messrs. Arrington, Badger, Batchelor, Battle of Edge- 
combe. Berry, Bond, Bunting, Cannon, Carson, Christian, Dick, 



58 JOURNAL OF THE [2d Session, 

Dillard, Edwards, Eller, Ellison, Ferebee, Fo9ter of Randolph, 
Fuller, Graham, Green, Hargrove, Hicks, Holden, Holmes, 
Houston, Johnston, Jones of Currituck, Kelly, Leak of Anson, 
Mann, McDowell of Burke, McNeill of Cumberland, Meares, 
Myers, Pettigrew, Rayner, Reid, Royster, Sanders, Satterth- 
waite, Setzer, Smith of Halifax, Sprouse, Spruill of Bertie, 
Spruill of Tyrrell, Strange, Sutherland, Thomas of Carteret. 
Thornton, Warren, Whitford, Woodfin and Wooten — 53. 

Nays — Messrs. Armfield, Battle of Wake, Bryson, Caldwell 
of Rowan, Calloway, Darden, Dickson, Foster of Ashe, Gilmer, 
Gorrell, Hamlin, Headen, Jones of Rowan, Joyce, Kittrell, 
Leak of Richmond, Long, Manning, Merritt, Mitchell, Osborne, 
Patterson, Penland, Phifer, Rhodes, Shipp, Smith of Macon, 
Thomas of Jackson, Thompson, Williamson and Wilson — 31. 

Mr. Satterthwaite moved to reconsider the last vote, and the 
motion was not agreed to. 

Mr. Satterthwaite moved to further postpone the special order? 
of the day, for the purpose of taking up and considering a 
resolution to send a Commissioner to Richmond to confer with 
the Confederate authorities in regard to the payment of the 
Confederate taxes by the State ; and the motion prevailed. 

The resolution was then read. 

Mr. Ellison offered a substitute, requiring our Representatives 
in Congress to confer with the Confederate authorities, instead 
of sending a Commissioner, and it was not agreed to. 

Mr. Satterthwaite then moved to fill the blank in the resolu- 
tion with the name of D. D. Ferebee, Esq., and the motion 
prevailed. 

The question was then on the adoption of the resolution, on 
which the yeas and nays were ordered, on motion of Mr. Ellison, 
and resulted in the affirmative, yeas 55, nays 22, as follows: 

Yeas — Messrs. Arrington, Batchelor, Battle of Wake, Berry, 
Bond, Brodnax, Bryson, Bunting, Calloway, Cannon, Christian, 
Cunningham, Darden, Dick, Dickson, Dillard, Edwards, Eller, 
Foster of Ashe, Graham, Hargrove, Headen, Hicks, Holden, 
Holmes, Johnston, Jones of Currituck, Jones of Rowan, Kit- 
trell, Leak of Anson, Leak of Richmond, Long, Mann, Meares, 



1861.] STATE CONVENTION. 50 

Merritt, Mitchell, Osborne, Patterson, Pettigrew, Reid, Rhodes, 
Royster, Sanders, Satterthwaite, Setzer, Smith of Halifax, 
Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
Tyrrell, Thomas of Carteret, Thornton, Warren, Williamson 
and Wilson — 55. 

Nays — Messrs. Armfield, Badger, Caldwell of Rowan, Elli- 
son, Foster of Randolph, Gilmer, Gorrell, Hamlin, Houston, 
Joyce, Kelly, McDowell of Burke, McNeill of Cumberland, 
Penland, Rayner, Shipp, Strange, Thomas of Jackson, 'Thomp- 
son, Turner, Woodfin and Wooten — 22. 

The President announced an invitation from W. J. Palmer, 
Principal of the Asylum for the Deaf and Dumb and the Blind, 
to the Convention, to attend an exhibition at that institution 
to-night, at 7 o'clock, which was read at the Clerk's desk. 

Mr. Battle, of Wake, moved the appointment of an additional 
member on the committee of enrollments. 

The motion was agreed to, and the President appointed Mr. 
Pettigrew on said committee. 

The President announced Messrs. Warren, Rayner and 
Meares, to constitute the select committee on the resolution in 
favor of Dr. William E. Pool. 

On motion of Mr. lleaden, the Convention adjourned to ten 
o'clock to-morrow morning. 



IN CONVENTION, Saturday, December 7, 1861. 

The President called the Convention to order pursuant to 
adjournment. Prayer by the Rev. Mr. Lansdale, of the Bap- 
tist Church. 

The journal of yesterday was read and approved. 

Mr. Mitchell presented the credentials of A. M. Bogle, dele- 
gate elect from Alexander county, to fill the vacancy caused 
by the death of A. C. Stewart, which were read, and Mr. Bogle 
took his seat in the Convention. 

Mr. Shipp presented a memorial from cttizens of Henderson 
county, praying a repeal of the Stay Law, which was read and 
referred to the committee on the Stay Law. 



60 JOURNAL OF THE [2d Sessiok, 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled, the following ordinancea and 
resolutions, and the same were ratified in open Convention by 
the signature of the President and attestation of the Secreta- 
ries, viz: 

A resolution of thanks to the officers and soldiers for gallant 
conduct in defending Hatteras. 

A resolution appointing Dennis D. Ferebee Commissioner to 
Richnlond. 

An ordinance to amend the second section of the fourth 
article of the amendments to the Constitution. 

A resolution to transfer certain military companies to Col. W. 
J. Green. 

An ordinance to provide for amending the forty-sixth section 
of the Constitution of this State in regard to taking the yeas 
and nays in either house of the General Assembly. 

Resolutions of confidence in our cause of war, and in the 
President and army. 

An ordinance concerning the repeal of the 14th chapter of 
the acts of the second extra session of 1861. 

Resolution on taking a recess. 

Resolution requesting our Senators and Representatives in 
Congress to vote for an increase of the pay of soldiers. 

An Ordinance to transfer certain companies to Col. W. J. 
Green. 

An Ordinance in regard to a supply of Salt. 

Mr. Graham offered a resolution granting leave of absence to 
the Assistant Secretary of, the Convention, for Monday and 
Tuesday next ; which was adopted under a suspension of the 
rules. 

Mr. Warren, from the select committee on the resolution in 
favor of Dr. Wm. E. Pool, reported back the resolution, recom- 
mending its passage ; and the rules being suspended, the 
resolution passed its several readings and was ordered to be 
enrolled. "V% 

Mr. Gilmer introduced a resolution instructing the finance 
committee to inquire concerning the expediency of making some 



1861.] STATE CONVENTION. 61 

disposition of the State's interest in the Cape Fear and Deep 
River Improvement ; which was adopted under a suspension of 
the rules. 

The following ordinances and resolutions, which have had 
their day under the rule, were taken up and disposed of as 
indicated : 

A resolution concerning the manufacture of Oil Cloth, read 
and adopted, as follows : 

Resolved, That a committee of three be appointed to inquire 
into the expediency of extending encouragement to the manu- 
facture of Oil Cloth in this State, and that they report by 
ordinance or otherwise. 

An ordinance for the suppression of distilleries, was read, and 
on motion of Mr. Satterthwaite, laid upon the table. 

Mr. Calloway moved to take up his resolution respecting the 
office of Governor, and refer the same to the committee on the 
Executive Department, and it was agreed to. 

The resolution to give soldiers ratioifs of spirits, was read the 
second time. 

Mr. Osborne moved to lay the resolution on the table, and it 
was not agreed to. 

The question was then put on its passage, and it passed the 
second reading. 

The resolution for appointing a committee of five to inquire 
concerning the public printing, and the distribution of the Acts 
of the General Assembly, was read the second time, and adopted, 
ayes 35, noes 28. 

The resolution to send a Commissioner to the seacoast to 
gather information in regard to the manufacture of salt, was 
read, and, on motion of Mr. Kittrell, laid upon the table. 

The resolution for the establishment of a hospital at Elizabeth 
City was read the second tiraej 

Mr. Rayner offered an amendment, leaving the establishment 
of the hospital to the discretion of the Surgeon General, and 
the amendment was agreed to. 

The special order of the day, being the ordinance to define 
and punish sedition, was taken up. 



62 JOURNAL OF THE [2d Session, 

Mr. Graham moved its indefinite postponement. 

Mr. Badger moved to lay it on the table, on which the yeas 
and nays -were ordered, on motion of Mr. Graham, and resulted 
in the negative, yeas 34, nays 52, as follows : 

Yeas — Messrs. Badger, Battle of Edgecombe, Bogle, Brod- 
nax, Bunting, Caldwell of Rowan, Dickson, Dillard, Edwards, 
Fuller, Green, Hargrove, Hicks, Holmes, Houston, Kelly, 
Mitchell, Osborne, Patterson, Penland, Pettigrew, Rayner, 
Reid, Rhodes, Royster, Strange, Thompson, Thornton, Ward, 
Williamson, Woodfin and Wooten — 34. 

Nays — Messrs. Armfield, Arrington, Barnes, Batchelor, Bat- 
tle of Wake, Berry, Bond, Bryson, Calloway, Cannon, Carson, 
Christian, Darden, Dick, Eller, Ellison, Foster of Ashe, Foster 
of Randolph, Gilmer, Gorrell, Graham, Hamlin, Headen, Hol- 
den, Johnston, Jones of Currituck, Jones of Rowan, Kittrell, 
Leak of Anson, Leak of Richmond, Long, Manning, Meares, 
Merritt, Myers, Phifer, Sanders, Satterthwaite, Setzer, Shipp, 
Smith of Halifax, Smith^f Macon, Speed, Sprouse, Spruill of 
Bertie, Spruill of Tyrrell, Sutherland, Thomas of Carteret, 
Warren, Whitford and Wilson — 52. 

The question then recurred on the motion of Mr. Graham 
to postpone indefinitely, pending the consideration of which, 

The President announced the following committees : 
On the resolution concerning the manufacture of Oil Cloth — 
Messrs. Holden, Strange and Jones of Rowan. 

On the resolution of inquiry concerning the distribution of 
the Acts of the General Assembly — Messrs. Setzer, Jones of 
Currituck, Penland, Allison and Spruill of Tyrrell. 

Then, on motion of Mr. Rayner, the Convention adjourned 
to 10 o'clock, Monday morning. 



IN CONVENTION, Monday, December 9, 1861. 

The Convention was called to order by the President pursuant 
to adjournment. Prayer by the Rev. J. M. Atkinson, of the 
Presbyterian Church. 

The journal of Saturday was read and approved. 



1861.] STATE CONVENTION. 63 

The President informed the Convention that he had complied 
with their order to forward to our Representatives in Congress 
the resolutions of confidence in the justice of our cause of war, 
and in the President and army. 

Mr. Strange presented a petition from citizens of New Han- 
over against distilleries, which was read and referred to the 
committee on Distilleries. 

Mr. Mitchell presented a memorial from citizens of Iredell 
asking a modification of the Stay LaAv, which was read and 
referred to the committee on the Stay Law. 

Mr. Satterthwaite, from the select committee, to whom was 
referred a resolution concerning the disbursement of the public 
money, reported an ordinance to continue the Board of Claims, 
and to enlarge the duties and powers of the same, which passed its 
first reading, and together with the report, ordered to be printed. 

Mr. Mitchell introduced an ordinance to repeal certain sections 
of an act of the General late Assembly, to alter the jurisdic- 
tion of the Courts and the rules of pleadings therein, which 
was read and referred to the committee on the Judiciary De- 
partment. 

Mr. Hicks introduced an ordinance to re-construct certain 
bridges on the Western Turnpike Road — read first time and 
lies over under the rule. 

Mr. Battle, of "Wake, introduced a resolution instructing the 
Military Committee to inquire into the propriety of exempting 
Clerks of the County Courts from periodical drills of the 
militia, which was read and lies over under the rule. 

Mr. Reid introduced an ordinance for increasing the salaries 
of the Public Treasurer and Comptroller, which was read and 
lies over for consideration. 

The following ordinances, &c, heretofore introduced were 
taken up and disposed of as indicated : 

A resolution to furnish maps for the use of the Convention- 
read the second time and laid upon the table. 

An ordinance to authorize the Public Treasurer to employ 
an additional clerk, was read the second time and ordered to a 
third reading. 

33 



64 JOURNAL OF THE [2d Session, 

Mr. Ruflin moved to suspend the rules and put the ordinance 
now on its third reading. The motion prevailed, and it was 
read the third time. 

Mr. Ruffin moved to amend, by extending the authority to 
the Comptroller of Public Accounts, and the amendment was 
agreed to. 

As thus amended, the ordinance passed the third reading, 
and was ordered to be enrolled. 

Mr. Headen moved to take up his resolution to raise a com- 
mittee of five to report in regard to the property of alien ene- 
mies. The motion prevailed, and the resolution was read and 
adopted. 

The unfinished business, being the ordinance to define and 
punish sedition, was then taken up, the question being on the 
motion to indefinitely postpone. 

Mr. Woodfin moved to postpone the consideration of the sub- 
ject for half an hour, and it was agreed to. 

Mr. Gilmer moved to take up the ordinance to incorporate 
the Piedmont Railroad Company. The motion prevailed, and 
the ordinance was read the second time, and passed the second 
veading. 

The consideration of the unfinished business was resumed. 

After some time spent in the discussion thereof, 

Mr. Badger moved to postpone its further consideration and 
make it the special order for to-morrow at 11 o'clock, and it was 
agreed to. 

The resolution discountenancing party spirit was then taken 
up ; the question being on a motion to lay en the table, on which 
the yeas and nays having been heretofore ordered, were now 
recorded, and resulted in the affirmative, yeas 47, nays 43, as 
follows : 

Yeas — Messrs. Badger, Batchelor, Battle of Edgecombe, 
Bogle, Brown, Calloway, Carson, Cunningham, Darden, Dick- 
son, Dillard, Edwards, Fuller, Hargrove, Hicks, Holmes, 
Johnston, Jones of Currituck, Jones of Rowan, Kelly, 
Lyon, McDowell of Burke, McDowell of Madison, McNeill of 
Cumberland, Merritt, Mitchell, Moody, Osborne, Patterson, 



1861.] STATE CONVENTION. 65 

Penland, Rayner, Reid, Rhodes, Ruffin, Schenck, Setzer, Smith 
of Halifax, Strange, Strong, Sutherland, Thompson, Thornton, 
Turner, Ward, Williamson, Woodfin and Wooten— 47. 

Nays — Messrs. Arrington, Barnes, Battle of Wake, Berry, 
Bond, Bryson, Cannon, Christian, Dick, Douthitt, Eller, Ellison, 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell. Graham, 
Hamlin, Headen, Holden, Houston, Joyce, Leak of Richmond, 
Long, Mann, Manning, Mebane, Myers, Phifer, Sanders, Sat- 
terthwaite, Shipp, Smith of Johnston, Smith of Macon, Speed, 
Sprouse, Spruill of Bertie, Spruill of Tyrrell, Thomas of Car- 
teret, Warren, Washington, Whitford and Wilson — 43. 

Mr. Sanders moved to take up his resolution fixing the hours 
of the daily sessions, and it was agreed to. 

Mr. Battle, of Wake, moved to substitute "7" for "4" P. M., 
for meeting in afternoon, and it was not agreed to. 

The question was then put on the passage of the resolution, 
on which the yeas and nays were ordered, on motion of Mr. 
Sanders, and resulted in the affirmative, yeas 79, nays 12, as 
follows : 

Yeas — Messrs. Arrington, Barnes, Batchelor, Battle of Wake, 
Berry, Bond, Brodnax, Brown, Bryson, Calloway, Cannon, Car- 
son, Christian, Cunningham, Darden, Dick, Dickson, Dillard, 
Douthitt, Eller, Ellison, Foster of Ashe, Foster of Randolph, 
Fuller, Gilmer, Gorrell, Graham, Hamlin, Hargrove, Headen, 
Hearne, Hicks, Holden, Holmes, Houston, Jones of Currituck, 
Jones of Rowan, Joyce, Leak of Anson, Leak of Richmond, 
Long, Lyon, Mann, Manning, McDowell of Burke, McDowell 
of Madison, Meares, Mebane, Merritt, Mitchell, Moody, Myers, 
Patterson, Phifer, Reid, Rhodes, Sanders, Satterthwaite, 
Schenck, Setzer, Shipp, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
Tyrrell, Sutherland, Thomas of Carteret, Thompson, Turner, 
Ward, Warren, Washington, Whitford, Williamson, Wilson 
and Woodfin — 79. 

Nays— Messrs. Badger, Battle of Edgecombe, Bogle, Ed- 
wards, McNeill of Cumberland, Osborne, Penland, Ruffin, 
Strange, Strong, Thornton and Wooten — 12. 



66 JOURNAL OF THE [2d Session, 

The ordinance to suppress oppressive speculation was then 
taken up, the pending question on its passage upon the second 
reading, on which the yeas and nays were ordered, on motion 
of Mr. Battle, of Wake. Before the vote was recorded, 

Mr. Green offered an amendment to prevent the distillation 
of corn and wheat into whisky, and it was not agreed to. 

Mr. Badger moved to re-consider the last vote, and the mo- 
tion prevailed. 

The question then recurred on the amendment, on which the 
yeas and nays were ordered, on motion of Mr. Green. Before 
the vote was recorded, 

The President announced, as the select committee to inquire 
concerning the property of alien enemies: Messrs. Headen, 
Strong, Thompson, Bogle and Sutherland. 

And then, on motion of Mr. Speed, the Convention adjourned 
to 10 o'clock to-morrow morning. 



IN CONVENTION, Tuesday, Decemher 10, 1861. 

The President called the Convention to order pursuant to 
adjournment. Prayer by the Rev. Henry Hardie, of the Pres- 
byterian Church. 

The journal of yesterday was read and approved. 

Mr. Foy presented a petition from citizens of Jones county, 
praying a repeal of the Stay Law, and for the constitutional 
organization of the Supreme Court, and moved that that part of 
the petition relating to the Stay Law be referred to the com- 
mittee on the Stay Law, and that part relating to the Supreme 
Court be referred to the committee on the Judiciary Depart- 
ment, and it was so ordered. 

Mr. Thompson presented a petition from citizens of Wilson 
county, praying the repeal of the Stay Law, which AYas read 
:md referred to the committee on the Stay Law. 

By Mr. Douthitt, a petition from citizens of Davidson, on 
the same subject, which was referred to the same committee. 



1861,] STATE CONVENTION. 67 

Mr. Manning, from the committee on the Coalfields Railroad, 
reported an ordinance to amend an act of the late session of 
the General Assembly, to complete the Western North Carolina 
Railroad, which passed its first reading. 

Mr. Osborne introduced an ordinance to punish treason, 
which passed the first reading. 

Mr. Leak, of Richmond, introduced an ordinance on the 
subject of distilleries, which passed the first reading. 

By Mr. Shipp, an ordinance in regard to certain courts held 
by Judge French, and for other purposes, read and passed the 
first reading. 

Mr. Graham presented a petition from citizens of the county 
of Orange, against a repeal of the Stay Law, and against fixing 
a price upon the products of the farm, which was read and 
referred to the committee on the Stay Law. 

Mr. Schenck, from the committee on the Stay Law, made a 
report on matters referred to that committee, and adversely to 
a repeal of the act of the General Assembly on that subject, 
and the report was ordered to be printed. 

Mr. Rayner, from the Finance Committee, reported an ordi- 
nance for continuing the Board of Claims, which passed the 
first reading. 

Mr. Woodfin introduced a resolution for the establishment of 
a Bank of the State, which passed the first reading and was 
ordered to be printed. 

Mr. Ellison, from the committee on the Bill of Rights, made 
a report recommending certain amendments to the Bill of Rights, 
which was ordered to be printed. 

Mr. Cannon offered a resolution limiting debate in the Con- 
vention, which lies over under the rule. 

Mr. Woodfin introduced an ordinance to modify and perfect 
an ordinance passed at the present session, entitled "An Ordi- 
nance to provide for the immediate wants of the Treasury," 
which passed the first reading. 

By Mr. Kittrell, a resolution calling on the Governor for infor- 
mation in regard to the defenses of the State, Avhich lies over 
under the rule. 



68 JOURNAL OF THE [2d Session, 

Mr. Manning introduced an ordinance to encourage tho min- 
ing and manufacturing of Salt in the interior of the State, 
Avhich passed its first reading. 

Mr. Manning moved to suspend the rules and put the ordi- 
nance on its several readings to-day, and it was not agreed to. 

Mr. Strong, from the committee on Enrollments, reported the 
following as correctly enrolled, and the same were ratified in 
open Convention by the signature of the President and attes- 
tation of the Secretaries : 

A resolution in favor of Dr. Wm. E. Pool ; 

An ordinance to authorize the Public Treasurer to employ an 
additional clerk, and for other purposes ; 

Resolution concerning the daily sittings of the Convention ; 

A resolution to transmit a copy of the Supreme Court Reports 
to the Department of Justice of the Confederate States. 

Mr. Woodfin moved that the communication of Dr. Emmons, 
on the manufacture of Salt heretofore transmitted to the Con- 
vention by His Excellency, the Governor, be printed for the 
use of the Convention, and it was agreed to. 

The special order, the ordinance to define and punish sedi- 
tion, was taken up, the question being on Mr. Graham's motion 
to indefinitely postpone. Before any action thereon, 

The President announced a despatch from Dennis D. Eere- 
bee, Commissioner to Richmond, which was read. 

Also, a communication from the Adjutant General in response 
to a resolution of the Convention asking information in regard to 
the volunteers from this State, which was ordered to be printed. 

The hour having arrived, the Convention took a recess until 
4 o'clock, P. M. 



Afternoon Session. 
The consideration of the ordinance to define and punish sedi- 
tion, was resumed. The yeas and nays having been ordered on 
Mr. Graham's motion to indefinitely postpone, were now recorded, 
yeas 79, nays 22, as follows : 



1S61.] STATE CONVENTION- 69 

Yeas — Messrs. Armficld, Arlington, Atkinson, Badger, Bag- 
ley, Battle of Wake, Berry, Bogle, Bond, Brodnax, Brown, 
Bryson, Calloway, Cannon, Christian, Dick, Dickson, Dillard, 
Douthitt, Durham, Eller, Ellison, Foster of Ashe, Foster of Ran- 
dolph, Foy, Fuller, Gilmer, Gorrcll, Graham, Green, Hamlin, 
Hargrove, Headen, Hearne, Hicks, Holden, Houston, Jones of 
CaldweH, Jones of Currituck, Jones of Rowan, Joyce, Kelly, 
Kittrell, Leak of Anson, Leak of Richmond, Long, Lyon, Mann, 
Manning, McNeill of Harnett, Meares, Mebane, Merritt, Miller, 
Mitchell, Myers, Osborne, Patterson, Rhodes, Royster, Ruffin, 
Sanders, Satterthwaite, Schenck, Setzer, Shipp, Smith of Hali- 
fax, Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
of Bertie, Spruill of Tyrrell, Thomas of Carteret, Turner, 
Warren, Whitford, Williamson and Wilson — 79. 

Nays — Messrs. Batchelor, Cunningham, Darden, Edwards, 
Holmes, Johnston, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, Moody, Moseley, Penland, Rayner, 
Reid, Strange, Strong, Thompson, Thornton, Ward, Williams, 
Woodfin and Wooten — 22. 

Then, on motion of Mr. Badger, the Convention adjourned to 
10 o'clock to-morrow morning. 



IN CONVENTION, Wednesday, December 11, 1861. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. Mr. Broaddus, of the Baptist 
Church. 

The journal of yesterday was read and approved. 

Mr. Setzer, from the committee on the resolution concerning 
the distribution of the Acts of the General Assembly, reported 
that the committee had information that the Acts were nearly 
ready and would soon be distributed according to law, and asked 
to be discharged from the further consideration of the subject. 

The report was received and the committee discharged. 

Mr. Strong, from the committee on enrollments, reported as 
correctly enrolled, " an ordinance to provide for the raising of 



70 JOURNAL OF THE [2d Session, 

money for the support of Government, and for the issue]of Treas- 
ury notes for the purpose of paying the public debt, purchasing 
supplies for the military forces employed for defense in the 
present war, and for other purposes," and the same was ratified 
in open convention by the signature of the President, and attested 
by the Secretaries. 

Mr. Rayner introduced an ordinance to define and punish 
treason, which passed the first reading. 

Mr. Smith, of Halifax, from the finance committee, made a 
report on the claims reported by the Board of Claims, recom- 
mending that the same be allowed, excepting Nos. 83, 131, 135 
and 136, and asking further time to consider claim No. 90. 

Mr. Smith moved to suspend the rules and consider the report 
to-day, but afterwards withdrew the motion. 

Mr. Rayner moved to recommit the report, with certain in- 
structions, and it was agreed- to. 

Mr. Thomas, of Jackson, introduced an ordinance to amend an 
act of the late General Assembly to raise a force for the defense 
of the State, which passed the first reading and was referred 
to the committee on Military Affairs. 

Mr. Satterthwaite moved to take up and consider the ordi- 
nance to continue the Board of Claims, and enlarge the powers 
thereof, and it was agreed to. 

The ordinance was read the second time, and on motion of 
Mr. Satterthwaite, some verbal alterations made therein. 

Mr. Rayner moved to strike out the whole ordinance and sub- 
stitute therefor the ordinance introduced by him yesterday on 
the same subject. 

Mr. Brown moved to amend the original ordinance by striking 
out of section 6, the words "$2500," and inserting "$2000." 

Pending the discussion of this amendment, 

Mr. Rayner withdrew his substitute, and it was renewed by 
Mr. Barnes. 

Mr. Gilmer moved to take up the special order, the hour 
having arrived therefor. 

Mr. Satterthwaite moved to postpone the special order, and 
it was agreed to. 



1861.] STATE CONVENTION. 71 

The consideration of the amendment of Mr. Brown was then 
resumed, and the amendment adopted. 

The question was then, on the substitute offered by Mr. Barnes, 
on which the yeas and nays were ordered, on motion of Mr. 
Moody, and the substitute was rejected, yeas 41, nays 63, as 
follows : 

Yeas — Messrs. Barnes, Batchelor, Battle of Edgecombe, 
Bogle, Cunningham, Darden, Dillard, Durham, Edwards, Foy, 
Gorrell, Green, Hargrove, Hicks, Holmes, Jones of Currituck, 
Kelly, Lyon, McDowell of Burke, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, 
Moody, Moseley, Osborne, Patterson, Reid, Rhodes, Royster, 
Ruffin, Schenck, Setzer, Thomas of Jackson, Thompson, Turner, 
Ward, "Williams, Woodfin and AVooten — 41. 

Nays — Messrs. Allison, Armfield, Arrington, Atkinson, 
Badger, Battle of Wake, Berry, Bond, Brodnax, Brown, Bryson, 
Calloway, Cannon, Carson, Christian, Dick, Dickson, Douthitt, 
Eller, Ellison, Foster of Ashe, Foster of Randolph, Fuller, Gil- 
mer, Graham, Hamlin, Hearne, Holden, Houston, Johnston, 
Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of 
Anson, Leak of Richmond, Long, Mann, Manning, Meares, 
Mebane, Mitchell, Myers, Penland, Phifer, Rayner, Sanders, 
Satterthwaite, Shipp, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
Tyrrell, Strange, Strong, Thomas of Carteret, Thornton, Warren, 
Williamson and Wilson — 63. 

Mr. Rayner moved to amend the ordinance by adding to the 
first section the words, "subject, however, to any provisions 
hereafter made by this Convention previous to the time men- 
tioned," and it was agreed to. 

Mr. Ellison moved to amend the second section by adding, 
after the word "Treasury," the words, " upon the draft of the 
Governor," and it was not agreed to. 

Mr. Lyon moved to strike out the annual salary of the Com- 
missioners, and insert a provision to pay them six dollars per day 
while actually engaged in the duties of their office, and it was 
not agreed to. 

34 



72 JOURNAL OF THE [2d Session, 

The question was then on the passage of the ordinance on 
the second reading, on which the yeas and nays were ordered, 
on motion of Mr. Satterthwaite, and resulted in the affirmative, 
yeas 96, nays 8, as follows : 

Yeas — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
ger, Bagley, Barnes, Batchelor, Battle of Edgecombe, Battle of 
Wake, Berry, Bogle, Bond, Brodnax, Brown, Bryson, Calloway, 
Cannon, Carson, Christian, Cunningham, Darden, Dick, Dickson, 
Dillard, Douthitt, Durham, Edwards, Eller, Ellison, Foster of 
Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gorrell, Graham, 
Green, Hamlin, Hargrove, Headen, Hearne, Hicks, Holden, 
Holmes, Houston, Howard, Johnston, Jones of Caldwell, Jones 
of Currituck, Jones of Rowan, Joyce, Kelly, Kittrell, Leak of 
Anson, Leak of Richmond, Long, Lyon, Mann, Manning, 
McDowell of Madison, McNeill of Harnett, Meares, Mebane, 
Merritt, Miller, Mitchell, Myers, Osborne, Patterson, Penland, 
Phifer, Rayner, Rhodes, Royster, Ruffin, Sanders, Satterthwaite, 
Schenck, Setzer, Shipp, Smith of Halifax, Smith of Johnston, 
Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
Tyrrell, Strange, Strong, Thomas of Carteret, Thornton, Turner, 
Ward, Warren, Williamson, Wilson and Wooten — 96. 

Nays — Messrs. McDowell of Burke, McNeill of Cumberland, 
Moody, Moseley, Reid, Thompson, Williams and Woodfin — 8. 

Mr. Badger moved to suspend the rules and give the ordinance 
its third reading to-day, and it was agreed to. 

It was then read the third time, passed, and ordered to be 
enrolled. 

The hour having arrived, the Convention took a recess until 
4 o'clock. 



Afternoon Session. 
Mr. Green moved to postpone the special order, to take up 
and consider his ordinance to elect a Governor to fill the vacancy 
occasioned by the death of Hon. John W. Elite, and it was not 
agreed to. 



1861.] STATE CONVENTION. 73 

Mr. Smith, of Halifax, from the committee of finance, reported 
an ordinance in favor of Claims allowed by the Board of Claims, 
which passed the first reading. 

Mr. Strange moved to amend by adding the claims of certain 
Railroad Companies, but afterward withdrew it. 

Mr. Smith, of Halifax, then moved to suspend the rules and 
put the ordinance on its second and third readings to-day. 

The motion prevailed, and the ordinance passed the second 
and third readings, and was ordered to be enrolled. 

The ordinance to prevent speculation, being the special order, 
was then taken up, the question being on the amendment of Mr. 
Green, to prevent the distillation of corn and wheat. 

Mr. Battle, of Wake, offered an amendment to the amend- 
ment, by adding, after the words "spirituous liquors," the 
words, " with the intent to sell at unreasonable prices." 

Mr. Gorrell moved to postpone the whole subject indefinitely, 
on which the yeas and nays were ordered, on his motion, and 
resulted in the negative, yeas 34, nays 68, as follows : 

Yeas — Messrs. Allison, Brodnax, Brown, Bvyson, Calloway, 
Cannon, Dick, Ferebee, Foster of Randolph, Gorrell, Graham, 
Hearne, Houston, Johnston, Jones of Caldwell, Jones of Curri- 
tuck, Jones of Rowan, Long, Mann, Manning, McDowell of 
Burke, Mebane, Merritt, Myers, Patterson, Penland, Phifer, 
Reid, Satterthwaite, Setzer, Speed, Sprouse, Spruill of Bertie, 
Thomas of Carteret, and Williamson — 34. 

Nays — Messrs. Armfield, Arrington, Atkinson, Badger, Bag- 
ley, Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
Berry, Biggs, Bond, Carson, Christian, Cunningham, Darden, 
Dickson, Dillard, Douthitt, Durham, Edwards, Eller, Ellison, 
Foster of Ashe, Foy, Fuller, Gilmer, Green, Hamlin, Hargrove, 
Headen, Hicks, Holder], Holmes, Joyce, Kelly, Kittrell, Leak 
of Anson, Leak of Richmond, Lyon, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Miller, Moody, 
Moseley, Osborne, Rayner, Rhodes, Royster, Ruffin, Sanders, 
Schenck, Shipp, Smith of Johnston, Smith of Macon, Strange, 
Strong, Thomas of Jackson, Thompson, Thornton, Turner, Ward, 
Warren, Whitford, Williams, Wilson, Woodfin and Wooten — 68. 



74 JOURNAL OF THE [2d Session; 

The question on the amendment to the amendment was then 
put and decided in the negative. 

Mr. Cannon then offered an amendment to the amendment, 
making exception to its operation in certain cases, and it was 
adopted, ayes 48, noes 45, by count. 

Mr. Thompson moved to lay the ordinance and amendment 
on the table, and it was not agreed to. 

Mr. Merritt moved to reconsider the vote by which the 
amendment of Mr. Cannon to the amendment of Mr. Green 
was adopted, and the motion prevailed. 

Mr. Strange moved an adjournment, and it was not agreed to. 

Mr. Cannon then withdrew his amendment. 

The question then recurred on Mr. Green's amendment, on 
which the yeas and nays were ordered, on motion of Mr. Green, 
and resulted in the negative, yeas 25, nays 77, as follows : 

Yeas — Messrs. Atkinson, Badger, Biggs, Ellison, Fuller, 
Green, Hicks, Holmes, Kelly, Kittrell, Leak of Anson, Leak 
of Richmond, McNeill of Cumberland, Miller, Moody, Smith 
of Macon, Strong, Thompson, Turner. Ward, Warren, Whit- 
ford, Williams, Woodfin and Wooten — 25. 

Nays — Messrs. Allison, Armfield, Arrington, Barnes, Batch- 
elor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
Brown, Bryson, Calloway, Cannon, Carson, Christian, Cun- 
ningham, Darden, Dick, Dickson, Dillard, Douthitt, Durham, 
Edwards, Eller, Ferebee, Foster of Ashe, Foster of Randolph, 
Foy, Gilmer, Gorrell, Graham, Hamlin, Hargrove, Heaclen, 
Hearne, Holden, Houston, Johnston, Jones of Caldwell, Jones 
of Currituck, Jones of Rowan, Joyce, Long, Mann, Manning, 
McDowell of Burke, McDowell of Madison, McNeill of Har- 
nett, Mebane, Merritt, Moseley, Myers, Osborne, Patterson, 
Penland, Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, San- 
ders, Satterthwaite, Schenck, Setzer, Shipp, Smith of Johnston, 
Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Strange, 
Thomas of Carteret, Thomas of Jackson, Thornton, Williamson 
and Wilson — 77. 

Mr. Headen offered a substitute for the ordinance, and the 
question thereon being put, it was decided in the negative. 



1861.] STATE CONVENTION. 75 

Mr. Williamson moved an adjournment, and it was not 
agreed to. 

Mr. Fuller offered an amendment limiting the price of corn 
and wheat purchased for distillation, to seventy cents per bushel, 
and the amendment was not agreed to. 

The question was then on the passage of the ordinance on its 
second reading, on which the yeas and nays having been pre- 
viously ordered, were now recorded, and resulted in the affirm- 
ative, yeas 60, nays 89, as follows : 

Yeas — Messrs. Armfield, Arlington, Atkinson, Badger, 
Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, Berry, 
Biggs, Bond, Carson, Christian, Cunningham, Darden, Dick, 
Dickson, Dillard, Douthitt, Durham, Edwards, Ellison, Foster 
of Ashe, Foy, Gilmer, Green, Hamlin, Hargrove, Holden, 
Holmes, Houston, Joyce, Kelly, Kittrell, Leak of Anson, Leak 
of Richmond, Lyon, McNeill of Cumberland, McNeill of Har- 
nett, Moody, Moseley, Osborne, Rayner, Royster, Ruffin, 
Sanders, Schenck, Shipp, Smith of Johnston, Smith of Macon, 
Sprouse, Strange, Strong, Thornton, Turner, Ward, Warren, 
Whitford, Williams, Wilson, Woodfin and T , uoten — 60. 

Nays — Messrs. Allison, Brod i . Bryson, Calloway, 

Cannon, Eller, Ferebee, Foster of Randolph, Fuller, Gorrell, 
Graham, Headen, Hearne, Hicks, Jones oi Caldwell, Jones of 
Currituck, Jones of Rowan, Long, Mann, Manning, McDowell 
of Burke, McDowell of Madison, Mebane, Merritt, Miller, Pat- 
terson, Penland, Phifer, Reid, Satterthwaite, Setzer, Speed, 
Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
Thomas of Jackson, Thompson and Williamson — 39. 

Mr. Badger moved to suspend the rules and put the ordinance 
on the third reading to-day, and the motion prevailed. 

The ordinance then passed the third reading, ayes 56, noes 
34, and was ordered to be enrolled. 

Mr. Badger moved to reconsider the vote by which the ordi- 
nance passed the third reading, and it was not agreed to. 

Then, on motion of Mr. Badger, the Convention adjourned 
to 10 o'clock to-morrow morning. 



76 JOURNAL OF THE [2i> Session, 



IN CONVENTION, Thursday, December 12, 1861. 

The President called the Convention to order pursuant to 
adjournment. 

The journal of yesterday was read and amended. 

Mr. Carson, delegate from the county of Rutherford, offered 
his resignation. 

On motion of Mr. Schenck, the resignation was accepted, 
and a writ of election ordered for the 28th of the present 
month to fill the vacancy. 

Messrs. Allison and Ferebee asked leave to have it stated on 
the journal that had they been present they would have voted 
in the affirmative on the indefinite postponement of the ordi- 
nance to define and punish treason, which was granted, and 

Mr. Biggs, in the negative on the same question, which was 
also granted. 

Mr. Osborne, from the committee on Military Affairs, to 
whom was referred a resolution concerning militia drill, 
reported an ordinance to regulate the drilling of the militia to 
once in each month, exclusive of regimental drill. 

Mr. Brown moved to suspend the rules and put the ordinance 
on its several readings to-day. 

The motion prevailed, and the ordinance was read the second 
time. 

Mr. Sanders moved to amend by adding the words, "except 
by order of the Captain or commandant of the company." 

Mr. Batchelor moved to lay the subject on the table, on 
which the yeas and nays were ordered, on motion of Mr. Brown, 
and resulted in the negative, yeas 19, nays 74, as follows : 

Yeas — Messrs. Batchelor, Battle of Edgecombe, Biggs, Dar- 
den, Fuller, Holmes, Kelly, McNeill of Cumberland, Meares, 
Myers, Osborne, Penland, Schenck, Smith of Halifax, Strange, 
Strong, Thompson, Thornton, Woodfih and Wooten — 19. 

Nays — Messrs. Allison, Armfield, Barnes, Battle of Wake, 
Berry, Bogle, Bond, Brodnax, Brown, Bryson, Calloway, Can- 
non, Carson, Christian, Cunningham, Dick, Dickson, Dillard, 
Douthitt, Edwards, Eller, Ellison, Foster of Ashe, Foster of 
Randolph, Foy, Gilmer, Gorrell, Graham, Green, Hamlin, Har- 



1861.] STATE CONVENTION. 77 

grove, Headen, Hearne, Hidden, Houston, Howard, Johnston, 
Jones of Caldwell, Jones of Currituck, Jones of Rowan, Joyce, 
Kittrell, Leak of Anson, Leak of Richmond, Long, Lyon, 
Mann, McDowell of Burke, McDowell of Madison, McNeill 
of Harnett, Mebane, Mitchell, Moody, Moseley, Patterson, 
Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, Satter- 
thwaite, Setzer, Smith of Johnston, Smith of Macon, Speed, 
Sprouse, Thomas of Carteret, Warren, Williams, Williamson 
and Wilson — 74. 

The question recurred on Mr. Sanders' amendment, and it 
was not agreed to. 

The ordinance then passed the second and third readings, 
and was ordered to be enrolled. 

Mr. Gilmer introduced a resolution asking of the Governor 
information on the subject of the Cape Fear and Deep River 
Improvement, which was adopted under a suspension of the rules. 

Mr. Osborne, from the Military Committee, reported a resolu- 
tion to pay bounty money to the soldiers of Capt. Stevenson's 
artillery company, and moved to suspend the rules and put the 
resolution on its several readings. 

The motion prevailed, and the resolution was read the second 
time. 

Mr. Biggs offered an amendment making the provisions of the 
resolution general in their application. 

Mr. Speed moved to re-commit the resolution with instructions. 

Pending the consideration of which, the President announced 
that the hour had arrived for the consideration of the special 
order. 

Mr. Badger moved to suspend the special order until the busi- 
ness before the Convention shall be disposed of, and the motion 
did not prevail. 

Mr. Headen, by consent, introduced an ordinance to authorize 
a battalion of six companies of volunteers for twelve months, 
which passed the first reading. 

Mr. Holden moved to suspend the rules and give the ordi- 
nance its several readings to-day. The motion prevailed, and 
the ordinance was read the second time, 



78 JOURNAL OF THE [2d Session, 

Mr. Badger moved to strike out the last section, which pro- 
vides for the time the ordinance shall take effect, and it was 
agreed to. 

Mr. Ruffin offered an amendment providing for the transfer 
of the battalion to the Confederate service, which was adopted. 

Mr. Meares offered an amendment authorizing the increase 
of the battalion to a regiment, and providing for the election 
of the proper officers thereof, and it was agreed to. 

The ordinance then passed the second and third readings, 
and was ordered to be enrolled. 

Mr. Ferebee, Commissioner to Richmond to consult with the 
Confederate authorities relative to the payment of the Con- 
federate taxes, made, verbally, a partial report of the result of 
his mission. 

Mr. Strong, from the select committee on a resolution con- 
cerning the lands in Haywood county belonging to alien ene- 
mies, reported back the resolution and asked that it be referred 
to the committee having general charge of the subject, and it 
was agreed to. 

The President ar,- junced a communication from J. Devereux, 
A. A. G,, which was ad, and on motion of Mr. Badger, laid 
upon the table. 

The special qrder^ being the ordinance to incorporate the 
Piedmont Railroad Company, was then taken up, the question 
being on its passage on the second reading. 

Mr. Brown proposed to amend the first section, by adding, 
after the word "Railroad," in the 10th line, the words, "at 
the Company's Shops, in the county of Alamance." 

Mr. Strange moved to postpone the further consideration of 
the subject until the 22nd day of January, 1862, and make it 
the special order for 12 o'clock on that day, on which the yeas 
and nays were ordered, on motion of Mr. Gorrell. 

Then, the hour having arrived, the Convention took a recess 
till 4 o'clock. 



1861.] STATE CONVENTION. 79 



Afternoon Session. 

Mr. Strange introduced a resolution to postpone the publica- 
tion of certain old Colonial Records, ordered by the late Gene- 
ral Assembly, and the resolution was- adopted under a suspen- 
sion of the rules. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled, the folio-wing, which were duly 
ratified : 

An ordinance directing the payment of certain claims awarded 
by the Boar4 of Claims ; 

An ordinance to regulate militia drills ; 

An ordinance to suppress oppressive speculation upon the 
necessities of the people ; 

An ordinance for continuing the board created by an ordi- 
nance of the Convention, passed the 8th day of June, 1861, 
entitled "An ordinance to provide for the appointment of a 
Board of Claims," and for enlarging the powers and duties of 
said board ; 

An ordinance to authorize the raising of a battalion of six 
companies, or a regiment of troops for twelve months. 

Mr. Ruffin offered a resolution providing for the publication 
of the laws of the present session of the Convention in three 
newspapers in Raleigh, and the resolution was adopted under a 
suspension of the rules. 

The consideration of the ordinance to charter the Piedmont 
Railroad Company was then resumed, the question being on 
the motion to postpone to the 22nd of January next, on which 
the yeas and nays were now recorded, and resulted in the nega- 
tive, yeas 42, nays 48, as follows : 

Yeas — Messrs. Arrington, Atkinson, Barnes, Batchelor, 
Battle of Edgecombe, Battle of Wake, Biggs, Darden, Dick- 
son, Dillard, Edwards, Foy, Graham, Green, Hargrove, Holmes, 
Howard, Jones of Currituck, Leak of Anson, Lyon, Mann, 
McNeill of Cumberland, Mebane, Merritt, Moody, Moseley, 
Rayner, Royster, Sanders, Satterthwaite, Smith of Halifax, 



80 JOURNAL OF THE [2d Session, 

Speed, Spruill of Bertie, Strange, Strong, Thomas of Carteret, 
Thompson, Thornton, Warren, Williams and Wooten — 42. 

Nays — Messrs. Allison, Armfield, Badger, Bogle, Brodnax, 
Brown, Bryson, Caldwell of Rowan, Calloway, Cannon, Chris- 
tian, Cunningham, Dick, Douthitt, Durham, Eller, Foster of 
Randolph, Gilmer, Gorrell, Hamlin, Hearne, Johnston, Jones 
of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Rich- 
mond, Long, Manning, McNeill of Harnett, Miller, Mitchell, 
Myers, Osborne, Patterson, Phifer, Reid, Ruffin, Schenck, 
Setzer, Shipp, Smith of Johnston, Smith of Macon, Sprouse, 
Thomas of Jackson, Turner, Williamson and Wilson — 48. 
Mr. Rhodes paired off. 

Mr. Speed moved to adjourn, on which the yeas and nays 
were ordered, on motion of Mr. Gilmer, and resulted in the 
negative, yeas 21, nays 67, as follows : 

Yeas — Messrs. Batchelor, Battle of Edgecombe, Dickson, 
Edwards, Foy, Green, Holmes, Howard, Mebane, Merritt, 
Moody, Rhodes, Satterthwaite, Smith of Halifax, Speed, 
Strange, Strong, Thomas of Carteret, Thompson, Thornton and 
Williams— 21. 

Nays — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
ger, Barnes, Battle of Wake, Berry, Biggs, Bogle, Bond, Brod- 
nax, Brown, Bryson, Caldwell of Rowan, Calloway, Cannon, 
Christian, Cunningham, Darden, Dick, Dillard, Douthitt, Dur- 
ham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gor- 
rell, Graham, Hamlin, Hargrove, Hearne, Johnston, Jones of 
Caldwell, Jones of Currituck, Jones of Rowan, Joyce, Kittrell, 
Leak of Anson, Leak of Richmond, Long, Lyon, Mann, Man- 
ning, McNeill of Cumberland, McNeill of Harnett, Miller, 
Mitchell, Moseley, Myers, Osborne, Reid, Royster, Ruffin, San- 
ders, Schenck, Setzer, Shipp, Smith of Johnston, Smith of 
Macon, Sprouse, Spruill of Bertie, Turner, Warren, William- 
son and Wilson — 67. 

Mr. Rayner moved to postpone the further consideration of 
the subject until the 28rd day of January next. Pending the 
con&ideration of which, 



1861.] STATE CONVENTION. 81 

Mr. Howard moved to postpone the further consideration of 
the subject at present, for the purpose of receiving the report 
of D. D. Ferebee, Esq., Commissioner to Richmond, on which 
the yeas and nays were ordered, on his motion, and resulted in 
the affirmative, yeas 65, nays 18, as follows : 

Yeas — Messrs. Allison, Arrington, Atkinson, Barnes, Batch- 
elor, Battle of Edgecombe, Battle of Wake, Biggs, Bond, 
Brodnax, Brown, Bryson, Cannon, Cunningham, Darden, Dick, 
Dickson, Dillard, Durham, Edwards, Eller, Ellison, Foster of 
Ashe, Gorrell, Graham, Green, Hargrove, Holmes, Howard, 
Johnston, Jones of Caldwell, Jones of Currituck, Leak of An- 
son, Leak of Richmond, Long, Lyon, Mann, Manning, McNeill 
of Cumberland, Mebane, Merritt, Miller, Moody, Moseley, Os- 
borne, Patterson, Rayner, Rhodes, Royster, Ruffin, Sanders, 
Satterthwaite, Schenck, Setzer, Shipp, Speed, Sprouse, Spruill 
of Bertie, Strange, Strong, Thomas of Carteret, Thompson, 
Thornton, Warren, Williams and Wooten — 65. 

Nays — Messrs. Armfield, Badger, Bogle, Caldwell of Rowan, 
Calloway, Christian, Douthitt, Foster of Randolph, Gilmer, 
Hamlin, Jones of Rowan, Joyce, Kittrell, Myers, Reid, Smith 
of Johnston, Thomas of Jackson, and Wilson — 18. 

The report, consisting of a letter of inquiry by Mr. Ferebee 
to Hon. C. J. Memminger, Secretary of the Treasury, and his 
answer thereto, were read, and, on motion of Mr. Biggs, was 
laid upon the table and ordered to be printed. 

The consideration of the Piedmont Railroad ordinance was 
resumed, and after discussion thereof, 

Mr. Sanders moved an adjournment, on which the yeas and 
nays were ordered, on motion of Mr. Gilmer, and resulted in 
the affirmative, yeas 41, nays 37, as follows : 

Yeas — Messrs. Allison, Arrington, Atkinson, Batchelor, 
Battle of Edgecombe, Biggs, Cannon, Darden, Dillard, Ed- 
wards, Ellison, Ferebee, Graham, Green, Holmes, Jones of 
Currituck, Leak of Anson, Leak of Richmond, Lyon, Mann, 
Manning, McNeill of Cumberland, McNeill of Harnett, Me- 
bane, Moseley, Myers, Rayner, Rhodes, Royster, Sanders, 
Setzer, Speed, Sprouse, Strange, Strong, Thomas of Carteret, 
Thompson, Thornton, Williams and Wooten — 41. 



82 JOURNAL OF THE [2d Session, 

Nays — Messrs. Armfield, Bogle, Brodnax, Brown, Bryson, 
Caldwell, Calloway, Christian, Cunningham, Dick, Douthitt, 
Durham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell, Hamlin, Hargrove, Johnston, Jones of Caldwell, Jones 
of Rowan, Joyce, Merritt, Miller, Osborne, Patterson, Phifcr, 
Reid, Schenck, Shipp, Smith of Macon, Thomas of Jackson, 
Turner, Warren, Williamson, Wilson and Woodfin — 37. 

Upon the announcement of the vote the Convention adjourned 
to 10 o'clock to-morrow morning. 



IN CONVENTION, Friday, December 13, 1861. 

The President called the Convention to order pursuant to 
adjournment. 

The journal of yesterday was read and approved. 

The President announced a communication from J. G. Mar- 
tin, Adjutant General of the State, which was read. 

Mr. Satterthwaite moved that the communication be returned 
to the writer. 

After some discussion of the subject, 

Mr. Ruffin moved to lay the communication on the table, on 
Avhich the yeas and nays were ordered, on motion of Mr. 
Myers, and resulted in the affirmative, yeas 58, nays 14, as 
follows : 

Yeas — Messrs. Allison, Armfield, Arlington, Atkinson, Bad- 
ger, Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
Berry, Biggs, Bond, Brodnax, Brown, Caldwell, Calloway, 
Cannon, Darden, Dick, Dickson, Douthitt, Durham, Edwards, 
Graham, Hamlin, Hargrove, Holden, Holmes, Johnston, Jones 
of Rowan, Joyce, Leak of Anson, Long, Lyon, Manning, 
Meares, Mebane, Mitchell, Myers, Osborne, Patterson, Phifer, 
Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, Smith of Hali- 
fax, Smith of Macon, Sprouse, Strange, Strong, Thomas of 
Carteret, Thompson, Thornton. Turner, Williams and Wil- 
son — 58. 



1861.] STATE CONVENTION. 83 

Nays — Messrs. Dillard, Gilmer, Gorrell, Kittrell, Moselcy, 
Satterthwaite, Schenck, Setzer, Smith of Johnston, Speed, 
Thomas of Jackson, Warren, Williamson and Woodfin — 14. 

Mr. Leak, of Anson, presented a memorial from citizens of 
Anson county, against speculators and distillers, which was 
read and referred to the committee on Distilleries. 

Mr. Warren, from the select committee to whom was referred 
a memorial from citizens of Beaufort county, complaining of 
certain grievances, made a report, which was received and the 
committee discharged. 

Mr. Warren offered a resolution in favor of the Doorkeepers, 
which passed, under a suspension of the rules. 

Mr. Graham introduced a resolution providing for a call of 
the Convention before the 20th of January, in case it shall be 
necessary, which also passed, under a suspension of the rules. 

Mr. Strong, from the committee on Enrollments, reported 
the following as correctly enrolled, and the same were duly 
ratified in open Convention : 

A resolution authorizing the President to call the Convention 
together, if the public interests require it ; 

A resolution in favor of the Doorkeeper and Assistant Door- 
keepers ; 

A resolution to postpone the printing of certain Colonial 
and other records ; 

A resolution in regard to the printing of the ordinances and 
resolutions passed at the present session of the Convention ; 

A resolution of inquiry as to the state and condition of the 
Cape Fear and Deep River Improvement ; 

A resolution in favor of D. D. Ferebee. 

The President announced that the hour had arrived to take 
up the orders of the day. 

Mr. Osborne moved to postpone the special order, being the 
ordinance to charter the Piedmont Railroad Company, to the 
22nd day of January, 18G2, and the motion, after some discus- 
sion, was agreed to. 

Mr. Woodfin moved to take up the ordinance to perfect the 
ordinance, passed at the present session, to provide for the 
immediate wants of the Treasury. 



84 JOURNAL OF THE [2d Session, 

Mr. Badger moved to lay that motion on the table, on which 
the yeas and nays were ordered, on motion of Mr. Smith, of 
Halifax, and resulted in the negative, yeas 18, nays 53, as 
follows : 

Yeas — Messrs. Atkinson, Badger, Barnes, Battle of Edge- 
combe, Battle of Wake, Berry, Brodnax, Calloway, Dickson, 
Foy, Graham, Holden, Rhodes, Ruffin, Satterthwaite, Strange, 
Strong, Thomas of Carteret, and Williamson — 18. 

Mays — Messrs. Armfield, Arrington, Batchelor, Biggs, Bond, 
Brown, Bryson, Caldwell of Rowan, Cannon, Christian, Dar- 
den, Dick, Douthitt, Durham, Edwards, Ferebee, Gilmer, Gor- 
rell, Hamlin, Hargrove, Holmes, Johnston, Joyce, Leak of 
Anson, Long, Lyon, Mann, Manning, Mebane, Moseley, Os- 
borne, Phifer, Rayner, Reid, Royster, Sanders, Schenck, Set- 
zer, Shipp, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Sprouse, Spruill of Bertie, Thomas of Jackson, Thomp- 
son, Thornton, Turner, Warren, Williams, Wilson and Wood- 
fin— 53. 

The question then recurred on Mr. Woodfin's motion. 

Mr. Satterthwaite moved to postpone the further considera- 
tion of the subject until the 25th day of January next, at 12 
o'clock, M. 

Pending the consideration of this motion, (Mr. Satterthwaite 
in the chair,) 

Mr. Graham introduced the following resolution, which was 
unanimously adopted : 

Resolved, That the thanks of this Convention are due, and 
hereby cordially tendered to Hon. Weldon N. Edwards, Presi- 
dent thereof, for the dignity and urbanity with which he has 
presided over its deliberations. 

Mr. Biggs then arose in his seat and tendered his resignation 
as a member of this Convention, to take ejffect on the 12th of 
January next, and his resignation was received. 

Mr. Biggs then offered a resolution for a writ of election on 
the 12th of January next, to fill the vacancy created by his 
resignation, and it was adopted. 

Mr. Badger moved an adjournment. 



1861.] STATE CONVENTION. 85 

Mr. Spruill, of Bertie, moved a call of the House, and the 
motion was agreed to. 

Mr. Badger urged his motion as having precedence over all 
other questions, and the President so decided. 

Mr. Badger asked the yeas and nays on his motion, which 
were ordered, and resulted, yeas 25, nays 50, as follows : 

Yeas — Messrs. Atkinson, Badger, Barnes, Battle of Edge- 
combe, Battle of Wake, Brodnax, Calloway, Dickson, Foy, 
Graham, Holden, Holmes, Johnston, Manning, Meares, Osborne, 
Rhodes, Ruffin, Satterthwaite, Sprouse, Strange, Strong, 
Thomas of Carteret, Williamson and Wooten — 25. 

Nays — Messrs. Armfield, Arrington, Batchelor, Berry, Biggs, 
Bond, Brown, Bryson, Caldwell of Rowan, Cannon, Christian, 
Cunningham, Darden, Dick, Dillard, Douthitt, Durham, Fere- 
bee, Foster of Randolph, Gilmer, Gorrell, Hamlin, Hargrove, 
Howard, Jones of Caldwell, Jones of Rowan, Joyce, Long, 
Lyon, Mebane, Merritt, Moseley, Myers, Phifer, Rayner, Reid, 
Royster, Schenck, Setzer, Shipp, Smith of Halifax, Smith of 
Johnston, Speed, Spruill of Bertie, Thompson, Thornton, 
Turner, Williams, Wilson and Woodfin — 50. 

The hour having arrived, the Convention took a recess until 
4 o'clock. 



Afternoon Session* 
In pursuance of the motion adopted before the recess to-day, 
a call of the House was had, when the following gentlemen 
answered to their names : 

Messrs. Armfield, Arrington, Badger, Batchelor, Battle of 
Edgecombe, Battle of Wake, Berry, Biggs, Brodnax, Bryson, 
Caldwell of Rowan, Cannon, Cunningham, Dick, Dickson, 
Dillard, Durham, Edwards, Ferebee, Foy, Gilmer, Gorrell, 
Graham, Hargrove, Holden, Jones of Rowan, Joyce, Long, 
Lyon, Meares, Mebane, Mitchell, Moseley, Phifer, Rayner, 
Reid, Rhodes, Royster, Ruffin, Smith of Halifax, Smith of 
Johnston, Smitk of Macon, Speed, Sprouse, Strange, Strong, 



86 JOURNAL, &c. [2d Session, 1861. 

Thomas of Carteret, Thomas of Jackson, Thompson, Thornton, 
Warren, Williams, Wilson and Woodfin — 54. 

There being no quorum present, 

Mr. Graham moved that the Convention do now adjourn, on 
which the yeas and nays were ordered, on motion of Mr. 
Woodfin, and resulted, yeas"20, nays 29, as follows : 

Yeas — Messrs. Badger, Battle of Edgecombe, Battle of 
Wake, Berry, Cunningham, Dickson, Durham, Foy, Graham, 
Holden, Mebane, Rhodes, Ruffin, Smith of Johnston, Smith of 
Macon, Speed, Sprouse, Strange, Strong and Thomas of Car- 
teret— 20. 

Nays — Messrs. Armfield, Arrington, Batchelor, Biggs, Brod- 
nax, Caldwell of Rowan, Cannon, Dick, Dillard, Ferebee, Gil- 
mer, Gorrell, Hargrove, Jones of Rowan, Joyce, Long, Lyon, 
Meares, Moseley, Phifer, Rayner, Reid, Royster, Thomas of 
Jackson, Thompson, Thornton, Williams, Wilson and Wood- 
fin— 29. 

There still being no quorum voting, 

Mr. Speed moved that the Convention do now adjourn, in 
pursuance of the resolution heretofore adopted. 

Mr. Meares moved to amend by taking a recess until this 
evening at 7 o'clock, and it was not agreed to. 

The motion of Mr. Speed was then adopted, and the Conven- 
tion adjourned to 12 o'clock, January 20th, 1862. 



JOURNAL 



OF 



THE CONVENTION 



OF THE PEOPLE OF 



NORTH CAROLINA. 



HELD IN JANUARY AND FEBRUARY, 18(52 



R A L E 1 G H : 

WO. W. SiYME, PRINTER TO THJfi UONY&NTIOJS. 

1 8 6 S . 



JOURNAL 



OF THK 



STATE CONVENT! CIS. 

THIRD SESSION. 1862. 



IN CONVENTION, Monday. January gO, 1862. 

Pursuant to adjournment, the Convention met this day, the 
President in the Chair. 

On motion of Mr. Satterthwaite, the roll of members was 
called in order to ascertain whether a quorum was present. ., 

The following members answered to their names : 

Messrs. Allison, Rattle of Wake, Berry, Brown. Bryson, 
Caldwell of Rowan, Darden, Dick, Dickson,; Douthitt, Durham, 
Edwards, Foster of Randolph, Gilmer, Gorrell, Graham, Har- 
grove, Headen, Hicks, Holden, Jone.3 of Currituck, Jones of 
Rowan, Kittrell, Leak of Richmond, Long, Manning, McNeill 
of Cumberland, Meares, Mitchell, Pettigrew, Phifer. Rayner, 
Rhodes, Satterthwaite, Sehenck, Smith of Johnston, Smith of 
Macon, Speed. Strange. Thornton, Warren, Williamson, Wilson, 
Woodfin, Wooten—45. 

No quorum being present, on motion of Mr. Brown, the 
Convention adjourned until to-morrow morning, 10 o'clock. 



IN CONVENTION, Tuesday, January JO, 1862. 
The President took the chair and called the Convention to order. 
The journal of the last day of the Ia*t session, and the jour- 
»a>l of yesterday, were read and approved. 



4 JOURNAL OF THE [to SsBflsm, 

D. W. Bagley, of Martin : G. W. Michal, of Rutherford ; and 
I). H. Starbuck. of Forsythe, elected to fill vacancies in their 
respective counties, produced their credentials and took their 
seats in the Convention. Messrs. Michal and Starbuck were 
present on yesterday, but for want of a quorum their credential* 
were not received. 

Mr. Mebane presented a petition from sundry citizens of 
Alamance County, asking the Convention to consider the pro- 
priety of making the Company's Shop3, on the North Carolina 
Railroad, a terminus of the proposed Piedmont Railroad, which 
was read, and on his motion referred to the committee on 
military affairs. 

Mr. Satterthwaite offered the following : 
Resolved, 1 That a select committee be appointed whose duty 
it shall be to inquire into the character, quality and quantity of 
the B goods advertised to be sold at the Market Square, in the 
city of Raleigh, on the 23d inst., by J. Devereux, Major, 
A. Q. M.— ascertain when and in what manner the State became 
owner of said goods, and whether the interest of the State will 
not ue injured by allowing said sale to take place at the time 
and in the manner advertised, and that said committee report 
at the earliest practicable moment. 

On his motion, the rules were suspended and the resolution 
put upon its passage and agreed to. 

The President announced the following as the Committee : 
Messrs. Satterthwaite. Woodfin, Battle of Edgecombe, Petti- 
grew and Miller. 

Mr. Brown introduced an ordinance; providing for the pay- 
ment of bounty to the North Carolina Volunteers, who may 
re-enlist for the term of two years or the war. in the service of 
the Confederate States which passed the first reading and was 
referred to the committee on military affairs. 

Mr. Battle, of Wake, moved that the charter of the Chatham 
Railroad Company be printed, and it was not agreed to. 

The unfinished business, being the motion of Mr. Satterthwaite 
10 postpone until the2ith of January, the motion of Mr. Wood- 
tin to proceed to the consideration of the ordinance providing 
for the iBtuc of Treasury notes, was then taken up. 



1S62.] STATE CONVENTION. 5 

Mr. Satterthwaite, by consent, withdrew his motion, and the 
question recurred on the motion of Mr. Woodfin, which was 
agreed to. 

Mr. Ruffin moved to refer the ordinance to the committee on 
finance, but at the suggestion of Mr. Badger, the motion was 
changed to a reference to a select committee. 

Pending the consideration of this motion, Mr. Speed asked 
and obtained leave to offer the following resolution : 

Resolved, That His Excellency the Governor be requested to 
furnish this Convention any information he may have in relation 
to the fleet of the enemy said to be in the Sounds and at the 
inlets of North Carolina, and to make such suggestions in 
relation thereto as he may deem necessary for the action of this 
Convention ; which was agreed to. 

The consideration of Mr. Ruffin's motion was then resumed. 
but was again suspended to receive a communication from His 
Excellency the Governor, in response to a resolution of the 
Convention. 

And then, on motion of Mr. Foster, of Randolph, the lobbies 
*nd galleries were cleared, and the Convention proceeded to sit 
with closed doors. 

After remaining some time in secret session, the doors were 
opened, when, 

Mr. Smith of Halifax, introduced an ordinance to authorize 
the Governor to embody a portion of the Militia of the State. 
which passed its first, reading. 

On motion, the rules were suspended and the ordinance read 
the second time- 
Mr. Badger moved to amend by striking out the words, 
''during the existing war.' and inserting, "for the emergency 
mentioned in his message of to-day, : ' and it was agreed to. 

The ordinance was further amended so as to make it conform 
to the above amendment, aud as thus amended, it passed tha 
second and third readings and was ordered to be enrolled. 

On motion, leave of absence for an indefinite time was granted 
to Messrs.. Jones, of Currituck. Pettigrew. Satterthwaite, Spe«4 
**«t Warren. 



6 JOURNAL OF THE [3d Session, 

On motion of Mr. Rayner, the President w as authorized to fill 
the vacancy m the Committee on finance, caused by thp resign*- 
tion of Judge Bigge. 

Mr. Strong, from the Committee on Enrollments, reported the 
Ordinance to empower the Governor to embody a portion of the 
militia for the defence of the State, as correctly enrolled, and 
the same was duly ratified. 

Then, on motion of Mr. Badger, the Convention adjourned to 
10 o'clock to-morrow morning. 



IN CONVENTION, Wednesday, January 22, 1862. 

The President took the Chair, and called the Convention to 
order. Prayer by Rev. Dr. Mason, of the P. E. Church. 

The journal of yesterday was read and approved. 

The President announced that Mr. Calloway was appointed on 
the Committee on Finance, in place' of Judge Biggs. 

Mr. Strange introduced an ordinance to receive ten thousand 
volunteers for the defence of North Carolina, which passed it» 
first reading, and on his motion, was referred to the committee 
on military affairs. 

The unfinished business of yesterday, being the motion to refer 
the ordinance of Mr. Woodfin to a select committee, was then 
taken up by the Convention. 

Pending the consideration of which, the hour of 12 arrived, 
being the hour net apart for the consideration of the ordinance 
to incorporate the Piedmont Rail Road Company. On motion 
of Mr. Gilmer, the game was postponed until to-morrow at 11 
o'clook, and made the special order for that hour. 

Mr. Rayner moved that the ordinance in relation to the Coal- 
fields Railroad be made the special order for eleven o'clock 
to-morrow. Not agreed to. 

Mr. Howard moved that it be made the special order at half- 
paet 10 o'clock to-morrow. Not agreed to. 

On motion of Mr. Badger, said ordinance wa« made th» 
special order for 12 o'clock to-morrow. 



1862. j STATE CONVENTION.. 7 

The Convention then resumed the consideration of the question 
pending when .the hour for the special order arrived, and so con- 
tinued until the recess. 



4 O'clock, P. M. 

The Convention re-assembled, and proceeded with the consid- 
eration of the unfinished business of the morning, the question 
being the motion to refer. Mr. Calloway asked for the ayes 
and noes, which being ordered, resulted as follows — ayes 19, 
noes 53 : 

Ayes — Messrs. Barnes, Battle of Edgecombe, Battle of Wake, 
Berry, Bunting, Caldwell of Bowan, Calloway, Cunningham, 
Dickson, Foster of Ashe, Headen, Holden, Holmes, Leak of 
Richmond, Rhodes, RujSn, Sprousc, Starbuck and Strange — 19. 

Noes — Messrs. Allison, Batchelor, Bogle, Brodnax, Brown, 
Bryson, Cannon, Dillard, Douthitt, Durham, Edwards, Eller, 
Fuller, Gilmer^ Gorrell, Hamlin, Hargrove, Hearne, Hicks, 
Howard, Jones of Rowan, Joyce, Kelly, Kittrell, Long, Lyon, 
Manning, McDowell of Burke, McNeil! of Cumberland, Mebane, 
Michal, Miller, Mitchell, Myers, Rayner, Reid, Royster, San- 
ders, Schenck, Setzer, Shipp, Smith of Halifax, Smith of John- 
ston, Smith of Macon, Spruill of Tyrrell, Strong, Sutherland, 
Thompson, Thornton, Williamson, Wilson, Woodfin and Woo- 
ten — 53. 

The question now recurring on the passage of the ordinance 
its second reading, Mr. Woodfin offered the following amendment : 

Strike out the second section, and insert in lieu thereof as 
follows : 

That the said ordinance be so amended as to provide and 
require that of the whole of the Treasury notes, hereafter to be 
issued under the provisions of said ordinance, one-half shall be 
of the denomination of five dollars ; one fourth, of the denomi- 
nation of ten dollars, and the remaining fourth of the denomi- 
nation of twenty dollars, and in the course of the issuing of said 
37 



% JOURNAL OF THE [3d Session 

notes, the same relative proportions shall be observed, as near 
as may be. Which was agreed to, 

Mr. Woodfin also offered the following proviso, to come in at 
the end of the first section : 

Provided, That the ordinance shall not operate on the notes 
issued before the passage of this ordinance ; which was agreed to. 

As amended, the ordinance then passed its second reading. 
The rules, on motion, were suspended, and the ordinance read 
the third time. Mr. Headen called for the ayes and noes, 
which being ordered, resulted as follows — ayes 53, noes 13 : 

Ayes — Messrs. Allison, Bagley, Batchelor, Bogle, Brodnax, 
Brown, Bryson, Caldwell, Cannon, Dick, Dillard, Douthitt, 
Durham, Edwards, Eller, Foster of Ashe', Foster of Randolph, 
Fuller, Gilmer, Gorrell, Hamlin, Hargrove, Hearne, Headen, 
Hicks, Holden, Howard, Jones of Rowan, Joyce, Kittrell, Long, 
Lyon, Manning, McDowell of Burke, McNeill of Cumberland, 
Meares, Mebane, Michal, Miller, Myers, Phifer, Rayner, Reid, 
Royster, Sanders, Schenck, Setzer, Shipp, Smith of Halifax, 
Smith of Johnston, Smith of Macon, Sprouse, Spruill of Tyr- 
rell, Sutherland, Thornton, Williamson, Wilson, Woodfin and 
Wooten— 59. 

Noes— Messrs. Barnes, Battle of Edgecombe, Battle of Wake, 
Bunting, Calloway, Dickson, Graham, Kelly, Leak of Rich- 
mond, Rhodes, RufEn, Starbuck and Strange — 13. 

So the ordinance passed its third reading, and was ordered 
to be enrolled. 

On motion of Mr. Brown, the Convention adjourned. ' 



IN CONVENTION, Thursday, January 23, 1862. 

The Convention met, the President in the chair. 

The journal of yesterday was read and approved. 

J. M. Strong, delegate from Mecklenburg, and M. J. Mc- 
Duffie, delegate from Cumberland, elected to fill vacancies in 
their respective counties, presented their credentials and took 
their Beats in the Convention. 



1862.] STATE CONVENTION. 9 

Mr. Miller presented a memorial from the officers of the 34th 
Regiment N. C. Volunteers, upon the subject of ardent spirits 
and its deleterious effects on the efficiency of the army, which 
was read, and on motion of Mr, Leak, of Richmond, was refer- 
red to a select committee. 

Mr. Foster, of Ashe, presented the proceedings of the County 
Court of his county, in relation to the 4th section of the reve- 
nue act of the last General Assembly, which, on motion of Mr. 
Graham, was referred to the committee on Finance. 

Mr. Houston presented similar proceedings of the County 
Court of Union County, which were referred to the same com- 
mittee. 

Mr. Long, from the committee on Mr. Satterthwaite's resolu- 
tion concerning the sale of certain goods belonging to the State, 
made a report, recommending that the sale be allowed to go on, 
in which report the Convention concurred. 

Mr. Strong offered the following, which was agreed to, under 
a suspension of the rules : 

Resolved, That the Secretary of State be authorized to allow 
W. B. Gulick to use, in or out of the office, at his discretion, 
the census returns of 18G0, for the space of two months, or 
until they shall be called for by an authorized agent of the 
Confederate States, provided the same shall not be removed 
from the city of Raleigh. 

On motion of Mr. Ruffin, the President was authorized to fill 
the vacancy on the Judicial Committee, caused by the resigna- 
tion of Judge Biggs. 

Mr. Smith, of Macon, introduced an ordinance to provide for 
the completion of the Western North Carolina Railroad, and 
for other purposes, which passed its first reading, and on his 
motion, was referred to a select committee. 

The special order was now called for, being the ordinance to 
authorize the construction of the Peidmont Railroad. 

Mr. Strong moved to postpone the same until Thursday next, 
and make it the special order for that day at 11 o'clock. 

On this question Mr. Reid asked for the ayes and noes, which 
beinsr ordered, resulted in the affirmative as follows: 



10 JOURNAL OF THE [3d Session, 

Ayes — Messrs. Allison, Bagley, Barnes, Batchelor, Battle of 
Edgecombe, Battle of Wake, Berry, Brown', Bryson, Bunting, 
Caldwell, Calloway, Cannon, Dillard, Edwards, Ferebee, Fuller, 
Graham, Hargrove, Hearne, Headen, Holden, Holmes, Howard, 
Plelly, Leak of Anson, Leak of Richmond, Lyon, McDowell of 
Burke, McDuffie, McNeill of Cumberland, Meares, Mebane, 
Merritt, Moseley, Rayner, Rhodes, Royster, Ruffin, Smith of 
Halifax, Strange, Strong of Wayne, Sutherland, Thornton, 
Williamson and Wooten — 46. 

Noes — Messrs. Brodnax, Christian, Councill, Cunningham, 
Dick, Douthitt, Durham, Eller, Foster of Ashe, Gilmer, Gor- 
rell, Hicks, Houston, Johnston, Jones of Caldwell, Jones of 
Rowan, Joyce, Kittrell, Long, Manning, Michal, Miller, Mitchell, 
Myers, Phifer, Reid, Schenck, Setzer, Shipp, Starbuck, Strong 
of Mecklenburg, Wilson and Woodfin — 33. 

The ordinance concerning the Chatham Coalfields Railroad 
was then taken up, when 

Mr. Rayner moved that the consideration of the same be post- 
poned until Thursday next, and made the special order for that 
day at 11 o'clock. 

Pending the consideration of this motion, by general consent, 
Mr. Ruffin moved that the order of the Convention for afternoon 
sessions be suspended during the present and ensuing weeks, 
and it was agreed to. 

Mr. Rayner then withdrew his motion for postponing the 
consideration of the Chatham Railroad ordinance. 

Mr. Ruffin moved that the Convention do now adjourn, on 
which the ayes and noes were ordered, on motion of Mr. Gilmer, 
and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Barnes, Battle of Edgecombe, Bat- 
tle of Wake. Brodnax, Bunting. Cannon, Dickson, Dillard, Ed- 
wards, 'Fuller, Gorrell, Holden. Holmes, Howard, Johnston, 
Jones of ftowan, Kelly, McDuffie, McNeill of Cumberland, 
Mebane, Mitchell, Moseley, Rayner, Reid, Rhodes, Royster. 
Ruffin, Setzer, Smith of Halifax, Strange, Strong of Wayne, 
Sutherland. Thornton and Wooten — 35. 



1862.] STATE CONVENTION. 11 

NOES — Messrs, Badger, Bagley, Batchelor, Berry, Bogle, 
Brown, Bryson, Caldwell, Calloway, Christian, Councill, Cun- 
ningham, Dick, Douthitt, Durham, Eller, Ferebee, Foster of 
Ashe, Gilmer, Graham, Hamlin, Hargrove, Hearne, Headen, 
Hicks, Houston, Jones of Caldwell, Joyce, Kittrell, Leak of 
Anson, Leak of Richmond, Long, Lyon, Manning, McDowell 
of Burke, Meares, Merritt, Michal, Myers, Smith of Macon, 
Starbuck, Strong of Mecklenburg, Williamson, Wilson and 
Woodfin— 46. 

Mr. Michal now moved to postpone the consideration of the 
ordinance and make it the order of the day for Monday next, 
at 11 o'clock, and it was agreed to. 

And then, on motion of Mr. Badger, the Convention ad- 
journed. 



IN CONVENTION, Fmday, January 24, 1862. 

The President: took the chair and called the Convention to 
order. Prayer by Rev. J. G. Whitfield, of the Methodist 
Protestant Church. 

The journal of yesterday was read and approved. 

The President announced the following committees : 

On memorial of officers of the Mth Regiment — Messrs. Leak 
of Richmond, Miller, McDuffie, Sprouse and Bagley. 

On ordinance to complete the Western N, 0. Railroad — 
Messrs. Smith of Macon, Mebane, Starbuck, Strong of Meck- 
lenburg, and Hargrove. 

On the Judicial Committee to fill vacancy. Mr. Gorrell. 

The President laid before the Convention a letter from E. W. 
Ward, resigning his seat as delegate from Onslow. The resig- 
nation was accepted, and on motion of Mr. Woodfin, an elec- 
tion ordered to fill the vacancy on the 3rd day of February. 

Mr, Foster, of Ashe, presented the proceedings of the County 
Court of his county, on the " Stay Law," which, on motion of 
Mr. Mitchell, was referred to the Judiciary Committee. 



12 JOURNAL OF THE [3d Sks biost, 

Mr. Hicks introduced an ordinance in relation to certain dis- 
loyal citizens of Madison County, which passed its first reading. 

Mr. Calloway presented a resolution in relation to the Con- 
federate Tax, which, the rules having been suspended, was 
referred to the committee on that subject. 

The ordinance to charter the Chatham Railroad Company 
was. then taken up as the unfinished business of yesterday, and 
put on its second reading, by sections. 

The 4th section being read, on motion of Mr. Manning, the 
first "Jshall" in the 6th line was stricken out and " may" inserted, 
and in the 8th line the words " bearing interest at the rate of 
six per cent, per annum." 

The whole ordinance having been read, 

Mr. Strange moved that the subject be indefinitely postponed, 
on which motion the ayes and noes were ordered, on motion of 
Mr. Holmes, and resulted in the negative, as follows : 

Ayes — Messrs. Bagley, Battle of Edgecombe, Bunting, Cald- 
well, Cunningham, Darden, Dickson, Dillard, Fuller, Greenlee, 
Hargrove, Holmes, Jones of Rowan, Kelly, Lyon, McDowell of 
Burke, McDowell of Madison, Michal, Moseley, Phifer, Rhodes, 
Royster, Sanders, Setzer, Strange, Strong of Wayne, Suther- 
land, Thompson, Thornton and Williams — 30. 

Noes — Messrs. Allison, Badger, Barnes, Batchelor, Battle of 
Wake, Berry, Brodnax, Brown, Bryson, Calloway, Cannon, 
Christian, Council, Dick, Douthitt, Durham, Edwards, Eller, 
Ferebee, Gilmer, Gorrell, Graham, Hamlin, Headen, Hicks, 
Holden, Houston, Johnston, Jones of Caldwell, Joyce, Kittrell, 
Leak of Anson, Leak of Richmond, Long, .Manning, McDuffie, 
McNeill of Cumberland, Meares, Mebane, Merritt, Miller, 
Mitchell, Reicl, Ruffin, Shipp, Smith of Halifax, Smith of John- 
ston, Smith of Macon, Starbuck, Strong of Mecklenburg, Wil- 
liamston, Wilson, Woodfin and Wooten — 54. 

The question was then put and thS ordinance passed the sec- 
ond reading. 

Mr. Badger introduced an ordinance to repeal parts of an 
act of the General Assembly, entitled "an act to alter the 



1862.] STATE CONVENTION. IS 

jurisdiction of the courts and the rules of pleading therein," 

commonly known as the Stay Law, which passed its first reading. 

And then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Saturday, January 25, 1862. 

The President took the chair and called the Convention to order. 

The journal of yesterday was read and approved. 

Mr. Graham presented to the Convention a document from 
the office of the Comptroller of State, embodying certain statis- 
cal information, which, on his motion, was ordered to be printed. 

Mr. Darden presented a memorial from citizens of Greene 
county upon the subject of the distillation of spirituous liquors, 
which, on his motion, was referred to the committee on Distil- 
leries. 

Mr. Smith, of Johnston, introduced an ordinance to amend 
the 24th section of the militia law passed by the last General 
Assembly, which passed its first reading. 

Mr. Rayner, from the committee of Finance, to whom was 
referred the ordinance to repeal the 4th section of the Revenue 
Law of the last General Assembly, and resolutions of Justices of 
the Peace of several counties in relation to the same subject, 
reported back the ordinance and recommended its passage. 

Business on the calendar was then regularly taken up. 

The report of the committee on amendments to the Bill of 
Rights was, on motion of Mr. Ellison, postponed until Thursday 
next, and made the special order for 11 o'clock. 

Mr. Strong, from the committee on Enrollments, reported as 
correctly enrolled, the Ordinance to perfect an ordinance in 
relation to Treasury notes, and for other purposes ; also, a Re- 
solution to allow Win, B. Gulick to use, on certain conditions, 
the Census returns of I860, and the same were ratified in open 
Convention, 

Mr. Headen moved to take up for consideration, the ordinance 
to encourage the manufacture of Salt in the interior of the State, 
and it was not agreed to. 



14 JOURNAL, OF THE [3d Session, 

Mr. Howard, from the Executive Committee, reported back 
the ordinance to create the office of Lieutenant-Governor, with a 
substitute, which passed its first reading and was made the 
special order for Wednesday next, at 11 o'clock. 

Mr. Hicks moved to take up and consider his ordinance in 
relation to certain disloyal persons in Madison County, and it 
was agreed to. 

The lobbies and galleries were cleared, and the Convention 
proceeded to sit with closed doors. 

After remaining some time in secret session, the doors were 
again opened, when 

Mr. Graham gave notice of certain amendments which he 
would offer to the ordinance introduced by Mr.' Badger, in rela- 
tion to the Act of the General Assembly, commonly known as 
the Stay Law, which amendments were read for information, and 
ordered to be printed. 

The ordinance to charter the Chatham Railroad Company was 
then taken up and read the third time. 

Mr. Jones, of Rowan, moved that it be postponed until 
Wednesday next, and made the special order for 11 o'clock on 
that day. 

Mr. Howard moved to postpone it until Wednesday next, 12 
o'clock, which was not agreed to. 

The question was then put on the motion of Mr. .Jones, of 
Rowan, and it was adopted. r 

Mr. Satterthwaite gave notice that he would offer an amend- 
ment to the ordinance, providing that the stock of the Road 
should be pledged for the redemption of the Treasury notes 
proposed to be borrowed. 

On motion of Mr. Badger, the ordinance in relation to the 
Stay Law, was' made the special order for Wednesday next at 
12 o'clock. 

The resolution of Mr. Thomas, of Jackson, in regard to the 
Western North Carolina Railroad, was, on motion, referred to 
the committee on that subject. 

Mr. Ruffin offered the following, which was put on its passage, 
under a suspension of the rules, and adopted : 



1862.] STATE CONVENTION. 15 

Resolved, That in aid of the Revenue, a reasonable tax ought 
to be levied on the distillation ©f ardent spirits, or on the grain 
used for distillation, and that the committee on Finance enquire 
as to the proper mode and amount of such tax, and report an 
ordinance for that purpose. 

Mr. Mitchell offered an ordinance on the same subject, which 
passed the first reading, and was referred to the committee on 
Finance.. 

The ordinance to ratify and confirm the Acts and Judicial 
proceedings of the Superior Courts held by His Honor, Judge 
French, in the counties of Henderson, Buncombe, Madison and 
Yancey, was read the second time and passed the second reading. 

On motion of Mr. Woodfin, the ordinance was read the third 
time, passed, and ordered to be enrolled. 

On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Monday, January 27, 1862. 

The Convention met, the President in the chair. Prayer by 
Rev. J. M. Atkinson, of the Presbyterian Church. 

The journal of Saturday was read and approved* 

Mr. Long presented a petition from citizens of Randolph 
county, asking that the Convention would not modify nor repeal 
the act of the General Assembly, commonly known as the Stay 
Law, which, on his motion, was referred to the committee on 
the Judiciary. 

Mr. Ellison introduced an ordinance to incorporate the Wash- 
ington and Tarborough Railroad Company, which passed its 
first reading. 

The ordinance heretofore introduced by Mr. Smith, of John- 
ston, to amend the 24th section of the militia law, passed at the 
last General Assembly, was read the second time and referred 
to the committee on Military Affairs. 

Mr. Woodfin moved to reconsider the vote by which the Con- 
vention passed the ordinance to ratify the acts and judicial pro- 
ceedings of certain courts ; his object being to offer certain 
38 



If! JOURNAL OF THE [3d Session 



amendments in order to perfect the same. It was agreed to, 
and Mr. Woodfin moved to insert "Yancey," after the word 
"Madison," in the second section, and the motion prevailed. 
He moved further to amend by inserting the words, "of Yancey 
county on the fifth Monday after the fourth Monday in Sep- 
tember," which amendment was agreed to, and the ordinance, 
as thus amended, was passed and ordered fo be enrolled. 

The specal order for 11 o'clock, was then taken, up, being 
the ordinance to amend the Bill of Rights, and after some dis- 
cussion thereon, on motion of Mr. Ruffin, was recommitted, with 
instructions to report an ordinance in conformity with the report 
from the committee. 

The special order for 12 o'clock, being the ordinance to 
amend the Stay Law, was then taken up, and, on motion of 
Mr. Badger, was referred to the Judicial Committee. 

Mr. Starbuck, by consent, offered an amendment to the ordi- 
nance, which was read for information, and referred to the 
same committee. 

The amendments heretofore proposed by Mr. Graham, were, 
on his motion, similarly referred. 

The report of the committee on Finance, recommending the 
passage of the ordinance to repeal the 4th section of the Reve- 
nue Act, passed by the late General Assembly, was then taken 
up on its second reading. 

The question was put on its passage upon the second reading, 
on which the ayes and noes were ordered, on motion of Mr. 
Thomas of Jackson, and resulted in. the affirmative, as follows: 

Ayes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
lor, Battle of Wake, Berry, Bogle, Brodnax, Brown, Bryson, 
Bunting, Caldwell, Calloway, Cannon, Christian, Councill, 
Cunningham, Darden, Dick, Dickson, Dillard, Douthitt, Dur- 
ham, Edwards, Eller, Ferebee, Foster of Ashe, Fuller, Gorrell, 
Graham, Hamlin, Hearne, Headen, Hicks, Holden, Holmes, 
Houston, Johnston, Jones of Caldwell, Jones of Rowan, Joyce, 
Kittrell, Leak of Richmond, Long, Manning, McDuffie, McNeill 
of Cumberland, McNeill of Harnett, Meares, Merritt, Miller, 
Mitchell, Moseley, Phifer, Rayner, Reid, Rhodes, Ruffin, San- 



1862,] STATE CONVENTION. 17 

ders, Satterthwaite, Setzer, Smith of Halifax, Smith of John- 
ston, Smith of Macon, Sprouse, Spruill of Tyrrell, Starbuck, 
Strong of Mecklenburg, Thornton, Warren, Williamson, Wil- 
son and Wooten — 75. 

Noes — Messrs. Barnes, Greenlee, Hargrove, Kelly, Leak of 
Anson, Lyon, McDowell of Burke, McDowell of Madison, 
Michal, Penland, Strong of Wayne, Sutherland, Thoman of 
Jackson, and Woodfin — 14. 

On motion of Mr. Badger, the rules were suspended, and the 
ordinance was read the third time, passed, and ordered to be 
enrolled. 

The President laid before the Convention a communication 
from His Excellency, the Governor, received through the hands 
of Col. Spier Whitaker, aid to the Governor, transmitting a 
letter from the Secretary of War in regard to certain bonds of 
the State of North Carolina held by the United States, for the 
benefit of Indians loyal to the Confederate States, recommending 
that the State pay the amount to the Confederate States to 
insure the proper application of the same, which, on motion of 
Mr. Graham, was referred to a select committee. 

The President also laid before the Convention a letter from 
Hon. A. H. Arlington,' member elect to the LTouse of Repre- 
sentatives of the Confederate Congress, resigning his seat in 
the Convention as delegate from Nash, to take effect on the 
the 11th proximo, which was accepted, and on motion of Mr. 
Satterthwaite, it was ordered that a writ of election be issued 
to fill the vacancy on the 11th February. 

Then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Tuesday, January 28, 1862. 
The Convention met, the President in the chair. Prayer by 
Rev. Dr. Mason, of the P. E. Church. 

The journal of yesterday was read and approved. 
The President announced the following committee: 



18 JOURNAL OF THE [Sd Session, 

On the subject embraced in the Message of the Governor of 
yesterday — Messrs. Graham, Thornton, Dick, Moseley and 
Council). 

Mr. Holden, from the minority of the committee on the 
modes of amending the Constitution, presented a report signed 
by himself and Mr. Thompson, in favor of retaining in the 
Constitution the legislative mode of amendment, -which, on mo- 
tion of Mr. Satterthwaite, was ordered to be printed, together 
with the report of the majority, made at the last session of the 
Convention. 

Mr. Ellison, from the committee on the Bill of Rights, in 
obedience to the instruction of the Convention, on yesterday, 
reported an ordinance to amend the Bill of Rights, which 
passed its first reading. 

Mr. Ellison offered the following : 

Resolved, That the committee on Military Affairs be instruct- 
ed to inquire into the expediency of paying to Capt. C. P. 
Jones' company of artillery, of Beaufort county, and all such 
other companies as were received directly into the service of 
the Confederate States, the same bounty authorized to be paid 
to volunteers received by this State and report by ordinance or 
otherwise. 

On motion, the rules were suspended, and the resolution was 
taken up and agreed to. 

Mr. Ruffin, from the Judicial Committee, to whom were re- 
ferred an ordinance and several proposed amendments thereto, 
touching the act of the General Assembly, commonly knbWn 
as the " Stay Law," reported said ordinance back to the Con- 
vention, with several amendments proposed by the committee, 
and recommended its passage. 

Mr. Battle, of Wake, gave notice of an amendment to said 
ordinance, which was ordered to be printed. 

Mr. Ruffin now moved that the subject be made the special 
order after to-morrow at 12 o'clock, which was agreed to. 

Mr. Leak, of Richmond, from the committee on the memorial 
of the 34th Regiment N. C. Volunteer*, made a report, accom- 
panied with an ordinance upon the subject of the distillation of 
spirituous liquors, which passed its first reading. 



1862.] STATE CONVENTION, 19 

On motion of Mr. McDuffie, the report was ordered to be 
printed. 

The special order was now called for, being the ordinance in 
connection with the Chatham Railroad, on its third reading. 

Mr. Manning moved to strike out the 4th, 5th and 6th sec- 
tions, and insert in lieu thereof, a substitute, the purpose of 
which was to perfect the same, which said amendments were 
agreed to. 

On motion of Mr. Graham, the following section was added: 
That the said railroad may be constructed with termini at airy- 
point or points in the said Coalfield region that the stock- 
holders in said company may agree upon, with the approbation 
of the Board of Internal Improvements. 

Mr. Manning, at the suggestion of Mr. Ruffin, moved the 
following amendment, to come in at the end of the 4th section : 
"No addition to the deed of mortgage heretofore required to 
be executed and delivered by said railroad company to the 
State of North Carolina, shall, by this ordinance have a lien 
upon the estate, both real and personal, of said company, which 
they may now have or hereafter acquire to secure the principal 
and interest of the bonds of the State, authorized to be issued," 
which was agreed to. 

Mr. Battle, of Wake, moved to amend as follows : " That 
the corporate authorities of incorporated towns subscribing to 
the capital stock of the Chatham Railroad Company, in order 
to provide for the payment of their subscription, and of the 
principal and interest of bonds for that purpose by them issued, 
shall have authority to lay and collect taxes, from all subjects 
which, under the charters of said terms, are taxable ;" which 
was agreed to. 

The question now recurring upon the passage of the ordi- 
nance as amended, its third reading, 

Mr. Strong, of Wayne, called for the ayes and noes, which 
being ordered, resulted as follows — ayes 58, noes 37 : 

Ayes — Messrs. Allison, Armfield, Arrington, Badger, Bag- 
ley, Barnes, Batchelor, Battle of Wake, Bogle, Brodnax, Bry- 
son, Caldwell, Calloway, Christian, Councill, Dick, Durham. 



20 JOURNAL OF THE [3d Session, 

Edwards, Eller, Ferebee, Gilmer, Gorrell, Graham, Hamlin, 
Hearnc, Headen, Hicks, Holdcn, Houston, Johnston, Jones of 
Caldwell, Junes of Rowan, Joyce, Kittrell, Leak of Anson, 
Leak of Richmond, Long, Manning, McDowell of Madison, 
McDuffie, McNeill of Harnett, Meares, Mebane, Merritt, Mil- 
ler, Myers, Phifer. Reid, Rhodes, Ruffin, Sattcrthwaite, Setzer, 
Smith of Halifax, Smith of Macon, Starbuck, Strong of Meck- 
lenburg, Thompson, Warren, Wilson and Woodfin — 58. 

Noes — Messrs. Berry, Brown, Bunting, Cannon, Cunning- 
ham, Darden, Dickson, Dillard, Douthitt, Ellison, Fuller, 
Greenlee, Hargrove, Holmes, Kelly, Lyon, McDowell of Burke, 
McNeill of -Cumberland, Michal, Mitchell, Moseley, Penland, 
Rayner, Sanders, Smith of Johnston, Strange, Strong of 
Wayne, Sutherland, Thornton, Williams, Williamson and 
Wooten— 37. 

The ordinance ^vas then ordered to be enrolled. 

On motion of Mr. Badger, the title of the ordinance was de- 
clared to be as follows : " An ordinance in addition to, and 
amendment of, an act of the General Assembly, ratified the 
15th of February, 1861. entitled 'An act to incorporate the 
Chatham Railroad Company,' and to repeal an act supplemen- 
tal thereto, ratified the 23rd of February, 1861." 

Then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Wednesday, January 29, 1862. 

The President took the Chair, and called the Convention to 
order. Prayer by Rev. Thomas E. Skinner, of the Baptist 
Church. 

The journal uf yesterday was read and approved. 

Mr. Rayner offered the following : 

Resolved, That the Executive Committee be instructed to in- 
quire into the propriety of so amending the Constitution of the 
State as to dispense with the Executive Council. 

Mr. Christian introduced an ordinance to repeal the 9th sec- 
tion of the Chcraw ami Coalfields Charter, as amended by the 
Legislature of 1861, which passed the first reading. 



1862.] STATE CONVENTION. 21 

Mr. Michal offered the following: 

Resolved, That from and after to-day, no ordinance or reso- 
lution shall be introduced for the action of the Convention, 
except it be a proposition to change or amend the Constitution. 
Lies over one day. 

Mr. Smith, of Johnston, introduced an ordinance to enforce 
certain penalties on the banks of the State in case they refuse 
to take Treasury notes of the State, which passed its first 
reading. 

Mr. McDuffie introduced an ordinance to effect a railroad 
communication between Florence, S. C, and Fayetteville, N. 
C, which passed the first reading. 

The resolution heretofore introduced for inquiry as to the 
propriety of exempting Clerks of the County Courts from ordi- 
nary militia duty, was then taken up and not agreed to. 

Mr. McDuffie offered a resolution instructing the committee 
on Military Affairs to inquire into the propriety of a telegraph 
line between Fayetteville and Raleigh. 

Mr. Reid moved to take up the ordinance to increase the 

salaries of the Treasurer and Comptroller, and it was agreed to. 

Qn motion of Mr. Meares, it was amended so as to include 

the Secretary of State, and then, on motion of Mr. Reid, was 

referred to the committee on Finance. 

The resolution declaring the sense of the Convention as to 
the establishment of a bank owned by the State, was read the 
second time, and, on motion of Mr. Woodfin, made the special 
order for Monday next at 11 o'clock. 

The resolution limiting the speeches of members having been 
read, was, on motion of Mr. Graham, ordered to lie on the 
table. 

Mr. Woodfin presented a petition from certain citizens of 
Mitchell county in regard to the location of the county seat of 
said county, which, on his motion, was referred to a select com- 
mittee. 

Mr. Schenck presented counter petitions from the same 
county on the same subject, which were referred to the same 
committee. 



22 JOURNAL OF THE [3d Session, 

The resolution calling on the Governor for information in 
regard to the defences of the State, was read, and, on motion, 
ordered to lie on the table. 

The President announced the following committee on the 
petitions from Mitchell county: Messrs. Schenck, Greenlee, 
Bryson, Pcnland and Joyce. 

Mr. Strange offered a resolution to detail Col. W. J. Green's 
Regiment from Wise's Legion, which lies over one day. 

Mr. Foster, of Randolph, moved to suspend the rules and 
consider the resolution at this time, and the motion prevailed. 

On motion of Mr. Mebane, the resolution was laid upon the 
table. 

Mr. Mitchell offered the following : 

Resolved, That it be referred to the committee of Finance to 
inquire and report the expenditures incurred by the State in 
the administration of the military department of the State 
government since the first of April, 1861 ; and also report an 
estimate of the expenditures that will be probably incurred 
from now until the first day of October next, in the administra- 
tion of the military department of the State ; also to inquire 
and report the amount of the actual disbursements made in 
discharge of liabilities incurred in the raising, support, clothing 
and equipping, transporting and paying troops, and all other 
liabilities in connection with the military department of the 
State. 

The resolution lies over one day, under the rules. 

Mr. Starbuck offered the following : 

Mesolved, That a select committee be instructed to inquire 
and report to the Convention, whether persons from between the 
ages of forty-five and fifty years are enrolled in the militia of 
other States of this Confederacy ; and, if not, whether section 
3rd of the militia law of the last General Assembly ought not 
to be so modified as to exempt from enrollment all persons over 
forty-five years of age, in order that this State may not be re- 
quired to furnish more than her proportional share of Confede- 
rate States troops. 

On motion of Mr. Barnes, the rules were suspended and the 
resolution was then considered and agreed to. 



12.] STATE CONVENTION. 23 

The ordinance to provide a permanent school fund, and to 
equalize the distribution of the same, was read the second time, 
and, on motion of Mr. Satterthwaite, referred to the committee 
on Common Schools. 

The special order, being the ordinance to provide for the 
office of Lieutenant Governor, was then called for. 

Mr. Hcaden moved that it be postponed and made the special 
order for Friday next at 11 o'clock, and it was agreed to. 

Mr. Thomas, of Jackson, introduced an ordinance to carry 
into effect existing laws for raising troops for locnl defence, 
which passed the first reading. 

The ordinance to equalize taxation was read the second time, 
and, on motion of Mr. Smith, of Halifax, was laid upon the table. 

The ordinance to amend and carry into effect the act of the 
General Assembly, entitled "An act to raise a force for the 
defense of the State," was read the second time, and, on motion 
of Mr. Thomas, of Jackson, ordered to lie on the table. 

The ordinance to encourage the mining and manufacture of 
salt in the interior of this State was read the second time. 

Mr. Sanders offered the following amendment, to come in at 
the end of the first section: "Except in cases of insurrection, 
invasion, or a requisition of troops by the President of the Con- 
federate States," Avhich was adopted, and the ordinance then 
passed the second reading. 

On motion, the rules were suspended, and the ordinance 
passed the third reading, and was ordered to be enrolled. 
' The special orders of the day were now called for, the ques- 
tion being on the concurrence of the Convention in the amend- 
ments proposed by the Judicial committee. The first amendment 
was read as follows — after the words "fieri facias," in the 14th 
line, insert, "from a Court of record or a Court of equity," 
and it was agreed to. 

The second amendment was read, as follows — insert after the 
word*" for" in the 19th line, the words, " two-thirds thereof." 

Mr. Satterthwaite moved that the whole subject be indefinitely 
postponed. 

Pending the consideration of which, on motion of Mr. Rnffin, 
the Convention adjourned. i 

39 



M .lorUNAL OF THE [3d Session. 



IN CONVENTION, Thursday, January 30, 1862. 

The President took the Chair and called the Convention to 
order. Prayer by Rev. John S. Long, of the M. E. Church. 

The journal of yesterday was read and approved. 

The President announced the folloAving Committee on the 
subject embraced iii the resolution of Mr. Starbuck, passed on 
vestcrday : Messrs. Starbuck. Fercbee. Dickson, Leak of Anson, 
and McNeill of Harnett. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported the following ordinances as correctly enrolled, and the 
same Avere duly ratified : 

An Ordinance to annul the 4th section of the Act passed by 
the last General Assembly, entitled, "Revenue." 

An Ordinance to encourage the mining and manufacture of 
Salt in the interior of the State. 

An Ordinance in addition to and amendment of an Act of 
the General Assembly, ratified the 16th day of February, 1861, 
entitled, " an act to incorporate the Chatham Railroad Com- 
pany,'' and to repeal an Act supplemental thereto, ratified the 
23d day of February, 1861. 

Mr. Smith, of Macon, from the committee to whom was 
referred a resolution in regard to the Western North Carolina 
Railroad, reported the same back to the Convention and recom- 
mended its adoption. 

Mr. Smith, of Halifax, offered the following, which lies over 
one day : 

Resolved, That the committee on Military Aifairs be instructed 
to inquire and report, in their judgment, the best means for 
supplying with volunteers for the Avar, the places of the twelve- 
months volunteers, Avhen their terms of service shall expire ; 
and that said committee also inquire into the expediency of 
vesting in the rauk and file of the troops to be raised for the 
war, the right to elect their Company officers ; and in the Com- 
pany officers, the right to elect the field officers ; that said 
committee also take into consideration the subject of promotion 
in the regiments from thin Stat*', and report, in their judgment 



1862.] STATE CONVENTION, 25 

that plan of promotion which seems to be best and most just 
both for the service and for the officers themselves ; and that 
said committee report by ordinance or otherwise at as early a 
day as practicable. 

Mr. Strange introduced an ordinance to authorize the Public 
Treasurer to issue Treasury notes, which passed its first reading. 
On his motion the rules were suspended for the purpose of 
putting the ordinance on its second and third readings to-day, 
and it passed the second reading and was read the third time. 
Mr. Smith, of Halifax, moved to amend by striking out all 
after the word "dollars," in the 9th line, and inserting, "Pro- 
vided said notes shall bear no interest," which was agreed to. 
Mr. Satterthwaite moved to amend as follows: "And said 
notes shall be a part of, and not an addition to, the amount 
heretofore authorized to be issued," and it was agreed to. 

The ordinance as amended, then passed the third reading, 
and was ordered to be enrolled. 

Mr. Headen introduced an ordinance to amend the Constitu- 
tion in relation to Common Schools and the University, which 
which passed its first reading. 

Mr. Strong, of Wayne, introduced the following : 
Resolved, That upon a proper construction of the Constitu- 
tion, His Excellency, Henry T. Clark, is entitled to exercise the 
powers of Governor of this State until his successor shall have 
been elected by the people, and shall have entered upon his 
duties. 

The resolution lies over one day, under the rules. 
Mr. Sutherland offered the following, which also lies over 
under the rules : 

Tiesolced, That ilie committee on Milieary Affairs be in- 
structed to inquire into the propriety of exempting all Justices 
of the Peace over, the age of forty-five years from the periodi- 
cal muster drills: Provided, Itowecer, That they be not exempt 
from service in case of a call for the militia, or a draft, and that 
they report by ordinance or otherwise. 

Mr. Thompson introduced an ordinance restoring the gjouvU, 
which passed its first reading. 



26 JOURNAL OF THE [3d Se&iow, 

On motion of Mr. -Mitchell, the President was authorized to 
add two members to the committee on Distilleries,-and Messrs. 
Cannon and Phifev were appointed by the President. 

The unfinished business of yesterday was taken up, when 
Mr. Reid moved that it be postponed in order to take up the 
special order of the day — the ordinance to charter the Pied- 
mont Railroad Company. 

Mr. Badger moved to lay that motion on the table, on -which 
the aves and noes were ordered, on motion of Mr. Gilmer, and 
resulted in the affirmative, as follows: 

Ayes — Messrs. Allison, Arrington, Badger, Bagley, Barnes, 
Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bond, 
Bunting, Calloway, Cannon, Council, Darden, Dickson, Dilla^d, 
Edwards, Ellison, Foy, Fuller, Graham, Hargrove, Hearne, 
Holden, Holmes, Howard, Jones of Caldwell, Jones of Rowan, 
Kelly, Leak of Richmond, Lyon, McDowell of Burke, McDuffie, 
McNeill of Cumberland, McNeill of Harnett, Mebane, Michal, 
Mitchell, Moseley, Myers, Penland, Rayncr, Rhodes, Royster, 
ltuffin, Sanders, Satterthwaite, Setzor, Smith of Halifax, Smith 
of Macon, Sprouse, Spruill of Tyrrell, Starbuck, Strange, 
Strong of Mecklenburg, Strong of Wayne, Thompson, Thornton, 
Turner, Warren, Williams, Woodfi'n and Wooten — 04. 

Noes — Messrs. Batchelor, Brodnax, Brown, Bryson, Cald- 
well, Christian, Cunningham, Dick, Douthitt, Durham, Eller, 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Greenlee, 
Headen, Hicks, Houston, Johnston, Joyce, Kittrell, Leak of 
Anson, Long, Manning, Merritt, Miller, Phii'er, Reid, Schenck, 
Shipp, Smith of Johnston, Sutherland, Thomas of Jackson, 
Washington, Williamson and Wilson — oG. 

The Convention then resumed the consideration of the unfin- 
ished business, being the motion of Mr. Satterthwaite to post- 
pone indefinitely the ordinance in relation to the Stay Law. 
After some discussion thereon, 

On motion of Mr. Graham, the Conwntion adjourned. 



1862.] STATE CONVENTION. 27 



IN CONVENTION, Friday, January 31, 1862. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Henry Hardie, of Presbyterian Church. 

The journal of yesterday was read and approved. 

The President asked leave to state to the Convention that he 
was in error on yesterday, in entertaining the motion of Mr. 
Reid, to postpone the pending question in order to proceed with 
another question, whilst the pending question was a motion to 
postpone indefinitely. This he states to prevent the error from 
becoming a precedent. 

Mr. Calloway presented a petition from citizens of Wilkes, 
against the Stay Law, which was referred to the committee on 
that subject. 

Mr. Hargrove introduced an ordinance concerning the county 
of Granville, which passed the first reading, and, under a sus- 
pension of the rules, was read the second time. 

On motion of delegates from their respective counties, the 
ordinance was so amended as to apply to the counties of Gaston, 
Lincoln, Warren, Stanly and Person ; and as thus amended, it 
was referred to the committee on Finance. 

Mr. Bryson introduced an ordinance to allow the Planters' 
and Miners' Bank to establish agencies east of the Blue Ridge, 
which passed the first reading. 

On motion of Mr. Rayner, the resolution in regard to the 
Council of State, was taken up and agreed to. 

On motion of Mr. Christian, the ordinance heretofore intro- 
duced by him, to repeal the 9th section of the Charter of the 
Cheraw and Coalfields Railroad Company, was referred to a 
select committee. 

The President announced the following to constitute the com- 
mittee : Messrs, Christian, Leak $f Richmond, Turner, Schenck 
;md Manning. 

The unfinished business of yesterday was now taken up, the 
pending question being on the motion to indefinitely postpone. 
After considerable debate, the question was put and resulted in 
the affirmative, as follow* : 



29 JOURNAL, OF THE [3d Session, 

Ayes — Messrs. Arrington, Atkinson, Bagley, Batchelor, 
Battle of Edgecombe, Bond, Bryson, Bunting, Christian, 
Cunningham, Darden } Dickson, Dillard, Durham, Ellison, Foy, 
Hargrove, Hicks, Holmes, Howard, Jones of Currituck, 
Kelly, Leak of Anson, Lyon, McDowell of Burko, McDowell of 
Madison, McDuflie, NcNeill of Cumberland, McNeill of Harnett, 
Meares, Mebane, Moseley, Myers, Penland, Reid, Rhodes, 
Royster, Sanders, Satterthwaite, Smith of Johnston, Smith of 
Macon, Spruill of Tyrrell, Strange, Strong of Wayne, Suther- 
land, Thomas of Jackson, Thompson, Thornton, Turner, Warren, 
Williams, Williamston, Woodfm and Wooten — 54. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Wake. 
Berry, Bogle, Brodnax, Brown, Caldwell, Calloway, Cannon. 
Council, Dick, Douthitt, Edwards, Eller, Ferebee, Foster of 
Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Green, 
Greenlee, Hearne, Heaclen, Holden, Houston, Johnston, Jones 
of Caldwell, Jones of Rowan, Kittrell, Leak of Richmond, 
Long, Manning, Michal, Miller, Mitchell, Osborne, Phifer, Ray- 
ner, Rufiin, Schenck, Setzer, Shipp, Smith of Halifax, Sprouse, 
Starbuck, Strong of Mecklenburg, Walton, Washington and 
Wilson— 52. 

Mr. Rayner, from the committee on Finance, to whom was 
referred an ordinance concerning Granville, and others counties, 
made a report, which, on motion, was recommitted to the com- 
mittee. 

Then, on motion of Mr. Badger, the Convention adjourned. 



LN CONVENTION, Saturday, February 1, 1862. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Frederick FitzGerald, of the P. E. 
Church. * 

The journal of yesterday was read and approved. 

Mr. Shipp presented a petition from sundry citizens of Tran- 
sylvania county in relation to the boundary of said county, which 
was ordered to lie on the table. 



L862.] -I \ i'i: CONVENTION. 28 

i 

Mr. Graham, from the Legislative Committee, to whom were 

referred stmdry propositions to change the Constitution of the 
State in relation to the General Assembly, made a report, ask- 
ing to be discharged from the further consideration of the sub- 
ject, and to introduce an ordinance in relation to the Legislative 
Department of the Constitution, embracing the provisions, which, 
in the judgment of the committee, it was expedient to ordain, 
which said ordinance passed its first reading, and was, on his 
motion, made the special order for Wednesday next at 12 o'clock. 

The Convention then concurred in that part of the report 
which asked a discharge from the further consideration of the 
subjects referred to it. 

On motion of Mr. Ellison, the ordinance in relation to the 
Bill of Rights was made the special order for "Wednesday at 
11 J o'clock. 

Mr. Howard, from the Military Committee, reported an ordi- 
nance to raise and organize North Carolina's quota of Confede- 
rate troops, which passed its first reading, and, on his motion, 
was made the special order for Tuesday at 11 o'clock. 

On motion of Mr. Batchelor, leave of absence was granted 
to Mr. Smith, of Halifax, until Monday next, 

On motion of Mr. Cunningham, leave of absence was granted 
to Leonidas C. Edwards, Assistant Secretary, until Tuesday 
next. 

Mr. Rayner, from the committee on Finance, to whom was 
referred an -ordinance concerning the laying of taxes by the 
County Courts, reported said ordinance, which passed the first 
reading. 

On motion, the rules were suspended and the ordinance read 
the second time. 

Mr. Howard moved that the further consideration of the ordi- 
nance be postponed until Monday, which was not agreed to. 

Mr. Ellison offered the following substitute for the ordinance 
reported : 

That the act, entitled "Revenue," passed at the last session 
of the General Assembly, and ratified the 23d day of September, 
A. D. 1861, be amended ao as to authorize and require a majority 



30 JOURNAL OF THE [3d Session, 

of the Justices in each County to meet at the Court House in 
the several counties in the State on the first Monday after the 
second day of May in each and every year, unless said day 
is changed hereafter, by the General Assembly, and proceed to 
lay the taxes for county purposes, as required by law : That 
the act of the General Assembly, which requires the first County 
Courts to be held after the first day of January, in each year, 
to lay the County taxes, and all acts eonflicting with the fore- 
going amendment, be and the same arc hereby repealed. That 
if any County Court shall have already laid their taxes, the 
same is hereby declared to be void. 

Mr. Batchelor moved to amend the amendment by striking 
out the word "first" before the word "Monday," in the 6th 
line, and insert the word, "second" in lieu thereof; which was 
not agreed to. 

And then, on motion of Mr. Hargrove, the whole subject was 
re-committed to the Committee. 

The order of the day was now called for, being the ordinance 
to incorporate the Piedmont Railroad Company, the pending 
question being the amendment offered by Mr. Brown to make 
the "Company's $hops" the point of connection with the North 
Carolina Railroad. 

Mr. Kittrell moved to amend the amendment by striking out 
the words, "Company's Shops," and insert the word, "Lex- 
ington." 

Pending the consideration of the subject, on motion of Mr. 
Rayner, the Convention adjourned. 



IN CONVENTION, Monday, February 3, 1862. 

The President took the chair and called the Convention to 
order. 

The journal of Saturday was read and approved. 

Mr. Howard presented a memorial from citizens of Wilson 
county praying the action of the Convention on the subject of 
I ho distillation of grain, which, on his motion, was ordered to be 
filed with other papers on that subject. 



1862.] STATE CONVENTION. 31 

Mr. Rayner offered the following : 

Resolved, That the committee on Finance be instructed to 
ascertain, as far as practicable, and report to this Convention, 
what course is to be pursued by the different banks of this State 
in regard to the Treasury notes authorized to be issued by the 
General Assembly and by this Convention, as to receiving and 
paying out the same at their counters. 

. The rules were, on his motion, suspended, and the resolution 
adopted. 

Mr. Thompson introduced an ordinance in regard to the ap- 
pointment of company officers, which passed the first reading. 

Mr. Graham introduced an ordinance in relation to the ex- 
penses by the Board of Claims, which passed its first reading. 

Mr. Ferebee offered the following : 

Resolved, That the Governor be requested to inform the Con- 
vention, at his earliest convenience, what arrangement has been 
made with the Confederate Government for auditing the claims 
of North Carolina against said government for expenditures 
incurred by said State in carrying on the war ; also, the amount 
of said claims allowed, if any. 

On his motion, the rules were suspended and the resolution 
adopted. 

Mr. Osborne offered the following, which was considered, 
under a suspension of the rules, and adopted : 

Resolved, That the committee on the Judiciary be instructed 
to inquire into the expediency of allowing Executors, Guardians, 
Trustees and other fiduciary officers, who may now be in the 
army of the Confederate States, to make such schedules and 
other returns of their various trust funds as may be required by 
law to be made by such Executor, &c, returnable upon oath, 
taken before some regimental officer, or some Justice of the Peace 
in the military district in which such Executor, &c., may be 
situated. 

Mr. McNeill, of Cumberland, offered the following : 

Resolved, That this Convention will, on Monday, the 10th 
inst., at six o'clock, p. m., adjourn ; and that the President of 
the Convention, or, in the event of his death, the committee named 
40 



32 JOURNAL OF THE [3d Session, 

in the resolution passed by this Body, be empowered to convene 
this Body, before the first day of January next, if the public 
exigencies require it. 

Mr. Rayner, from the committee on Finance, to whom was 
re-committed an ordinance relating to County taxes, reported the 
same back with a substitute. 

On motion of Mr. Leak, of Richmond, the report and ordi- 
nance heretofore presented by him, in relation to the distillation 
of grain, were made the special order for Monday next at 11 
o'clock. 

Mr. Batchelor offered the following : 

Resolved, That the committee on Finance be instructed to 
inquire into the expediency of so amending the Revenue Law as 
to provide some other mode of ascertaining the value of slaves 
than by the valuation of the owner or agents who lists said slaves. 

Mr. McDuffie offered the following : 

Resolved, That Adjutant General J. G. Martin be required, 
as far as in his power, to furnish this Convention with a list of 
the officers from North Carolina now in the Federal service, and 
that this Convention take such steps as may be deemed necessary 
to hand them down to posterity as infamous persons. 

Mr. Michal moved that his resolution in relation to the subjects 
to be considered by the Convention be taken up, and it was 
agreed to. 

Mr. Schenck moved to amend as follows: "unless the same 
be assented to by a majority of the Delegates present," which 
was agreed to. 

Mr. Graham moved that the subject be laid upon the table ; 
on which the ayes and noes were ordered, on motion of Mr. 
Michal, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Arrington, Atkinson, Bagley, Batch- 
elor, Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bond, 
Brown, Bryson, Bunting, Calloway, Cunningham, Darden, Dick, 
Dickson, Douthitt, Edwards, Eller, Ellison, Ferebee, Foster of 
Ashe, Foster of Randolph, Foy, Gilmer, Gorrell, Graham, 
Greenlee, Hargrove, Hcarne, Headen, Howard, Johnston, Jones 
of Caldwell, Jones of Rowan, Joyce, Kelly, Kittrell, Leak of 



1862.] STATE CONVENTION. 33 

Anson, Leak of Richmond, Long, Mann, Manning, McDowell 
of Madison, McDuffie, NcNeill of Cumberland, Meares, Mebane, 
Mitchell, Myers, Osborne, Penland, Rhodes, Shipp, Smith of 
Macon, Sprouse, Starbuck, Strange, Sutherland, Thomas of 
Jackson, Thornton, Turner, Walton, Warren, Washington, Wil- 
son and Woodfin — 69. 

Noes — Messrs. Christian, Durham, Hicks, Jones of Currituck, 
Michal, Miller, Phifer, Reid, Setzer, Smith of Johnston, Strong 
of Wayne, Thompson, Williamson and Wooten — 15. 

Mr. Leak, of Richmond, offered the following : 

Resolved, That this Convention do adjourn over on Thursday, 
the 17th inst., and that, in the meantime, they apply themselves 
to such business, and such only, as the pressing emergency of 
our condition suggets ; subject, however, to be called together 

by the President whenever any of this body shall so request ; 

or in his absence, death, or inability, to a like call by the Prin- 
cipal Secretary, when so required by a like number of delegates. 

Mr. Walton offered the following: 

Resolved, That the Military Committee be required to inquire 
into and define the words, "or pay an equivalent," as found in 
the 5th section, 17th chapter of the military law passed at the 
second extra session of the Legislature of 1861. 

On motion of Mr. Mitchell, his resolution in relation to State 
expenditures for military purposes, was taken up and agreed to. 

The unfinished business of Saturday was then taken up, the 
pending question being on the amendment of Mr. Kittrell to 
the amendment of Mr. Brown. The subject occupied the time 
in discussion until the hour of recess. 



4 O'clock, P. M. 

The Convention proceeded to the consideration of the subject 
pending at the hour of recess. 

The question on Mr. Kittrell's amendment was put, and it 
was not agreed to. 

The question then recurred on the amendment offered by Mr. 
Brown, which occupied the time until a late hour. 



34 JOURNAL OF THE [3d Session, 

By general consent Mr. Howard moved to suspend the opera- 
tion of the resolution requiring aftcrnocn sessions, until Monday 
next, and the motion prevailed. 

Then, on motion of Mr. Arrington, the Convention adjourned. 



IN CONVENTION, Tuesday, February 4, 1862. 
The President took the Chair and called the Convention to 
order. Prayer by Rev. Dr. Mason, of the P. E. Church. 
The journal of yesterday was read and approved. 
On motion of Mr. Ferebee, leave of absence for an indefinite 
time was granted to Mr. Spruill, of Tyrrell. 

Mr. Dick presented a petition from sundry citizens of Guilford 

County, on the evils growing out of the distillation of grain, 

which, on motion of Mr. Holden, was ordered to lie on the table. 

On motion of Mr. Holden, leave of absence for two clays was 

granted to Mr. Battle, of Wake. 

On motion of Mr. Bunting, leave of absence for two days from 
and after to-day, was granted to Mr. Cunningham. 

On motion of Mr. Gorrell, the President was authorized to fill 
the vacancy in the committee on the rights of foreigners and 
schools, caused by the resignation of Mr. Patterson. 
The President appointed Mr. Douthitt. 
Mr. Calloway introduced an ordinance to secure equal and 
just taxation, which passed its first reading and was ordered for 
consideration when the report of the legislative committee shall 
be taken up. 

Mr. Woodfin introduced a resolution declaring the sense of the 
Convention that the Governor should issue bonds to the Western 
North Carolina Railroad, in compliance with the provisions of the 
charter. 

• Mr. Wilson, from the committee on Justices of the Peace, 
reported an ordinance to amend the Constitution in relation to 
that subject, which passed the first reading. 
Mr. Graham offered the following : 



1862.] STATE CONVENTION. 35 

Resolved, That His Excellency, the Governor, be requested 
to inform this Convention what number of troops called into 
service for the public defence from this State, either State troops, 
volunteers or militia, are paid, supported or supplied, in whole 
or in part, from the Treasury of this State; also, whether any 
regulation has been adopted, or arrangement entered into be- 
tween the authorities of this State and those of the Confederate 
States, by which all or any of said troops are transferred to 
said Confederate States, to be paid, supported and supplied at the 
expense of said Confederate States, whenever organized into 
regiments, battalions or companies, or at any other stage of 
preparation for service. And if not, whether any correspon- 
dence has been had with the Confederate authorities in relation 
such transfer, supply and support of North Carolina troops 
called into service, and if so, that he communicate the same to 
this Convention. 

On his motion, the rules were suspended, and the resolution 
was adopted. 

Mr. Strong, of Wayne, from the committee on Enrollments, 
reported as correctly enrolled the ordinance to authorize the 
Treasurer to issue Treasury notes, and the same was duly ratified. 

Mr. Leak, of Richmond, offered the following: 

Resolved, That this Convention, when it adjourns, shall ad- 
journ over during the present war, subject, however, to be con- 
voked by the President when so requested by any delegates ; 

and in case of his death or inability, subject to the call of the 
Principal Secretary, when a similar request shall be made. 

He moved to suspend the rules so that the resolution may be 
now considered, and it was not agreed to. 

Mr. Durham introduced an ordinance regulating the salaries 
of the Judges, which passed the first reading. 

Mr. Gorrell moved certain amendments to the rules, which 
were read and laid over one day. 

The unfinished business of yesterday was taken up, the pend- 
ing question being on the amendment offered by Mr. Brown. 
After considerable debate, the vote was taken and resulted in 
the negative, as follows : 



36 JOURNAL OF THE [3d Session, 

Ayes— Messrs. Battle of Edgecombe, Berry, Brown, Bunting, 
Cunningham, Darden, Edwards, Graham, Green, Hargrove, 
Holmes, Howard, Kelly, Mebane, Rayner, Rhodes, Royster, 
Strange, Strong of Wayne, Sutherland, Thornton, Turner, 
Washington and Wooten — 24. 

Noes— Messrs. Allison, Armficld, Arrington, Atkinson, Bad- 
ger, Bagley, Batchelor, Bond, Bryson, Calloway, Cannon, 
Christian, Dick, Douthitt, Durham, Eller, Ellison, Ferebee. Fos- 
ter of Ashe, Foster of Randolph, Fuller, Gilmer, Gorrell, Green- 
lee, Hamlin, Hearne, Headen, Hicks, Holden, Johnston, Jones 
of Caldwell, Jones of Currituck, Jones of Rowan, Kittrell, Leak 
of Richmond, Mann, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeill of Cumberland, Merritt, Michal, Miller, 
Mitchell, Osborne, Penland, Phifer, Reid, Ruffin, Schenck, Set- 
zer, Shipp, Smith of Macon, Sprouse, Starbuck, Thomas of 
Jackson, Wilson and Woodfin — 58. 

Mr. Mebane then offered the following amendment to the first 
section, " and in constructing said road, the company hereby 
created, may fix the terminus thereof at Lexington or any other 
point on the North Carolina Railroad, not exceeding one mile 
east of Haw River," and it was not agreed to. 

Mr. Starbuck moved the following amendment : Add to sec- 
tion first the words, "beginning at Danville, Va., running thence 
by way of Leaksville, Madison, Germanton, Winston and Salem, 
to Lexington, on the N. C. Railroad." 

Pending the consideration of this amendment, a message was 
received from His Excellency, the Governor, in reply to certain 
inquiries of the Convention, which, on motion, was ordered to 
be printed. 

And, then, on motion of Mr. Meares, the Convention adjourned. 



IN CONVENTION, Wednesday, February 5, 1862. 

The President took the Chair and called the Convention to 
order. 

The journal of yesterday was read and approved. 



1862.] STATE CONVENTION. 37 

Mr. Hicks presented a petition from citizens of Haywood 
County, praying that a Court of Oyer and Terminer be held for 
the trial of certain persons in that county, charged -with grave 
criminal offenses, which, on his motion, was referred to a select 
committee. 

On motion of Mr. Headen, the messages from the Governor 
on yesterday were read for information, whereupon one of said 
messages was, on his motion, referred to a select committee ; 
and on motion of Mr. Ferebee, the other was referred to the 
committee on the Confederate Tax. 

Mr. Thomas, of Jackson, introduced an ordinance to authorize 
the Jacksonville and Dalton Railroad Company to connect their 
road with the railroad system of this State, which passed its 
first reading. 

Mr. Mebane introduced an ordinance to provide for the elec- 
tion of Governor and members of the General Assembly, which 
passed its first reading. 

On motion of Mr. Ellison, the ordinance to incorporate the 
Washington and Tarboro Railroad Company, was taken up and 
read the second time. 

The question being on its passage on the second reading, the 
ayes and noes were ordered, on motion of Mr. Schenck, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, 
Badger, Bagley, Battle of Wake, Berry, Bogle, Bond, Bryson, 
Caldwell, Calloway, Cannon, Dick, Douthitt, Durham, Eller, 
Ellison, Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell, Graham, Hamlin, Hearne, Headen, Hicks, Holden, 
Johnston, Jones of Caldwell, Jones of Rowan, Kittrell, Leak of 
Richmond, Mann, McDowell of Burke, McDuffie, Mebane, 
Merritt, Miller, Mitchell, Myers, Osborne, Penland, Reid, Ruffin, 
Setzer, Shipp, Smith of Macon, Sprouse, Starbuck, Thomas of 
Jackson, and Wilson — 54. 

Noes — Messrs. Batchelor, Battle of Edgecombe, Brown, 
Bunting, Darden, Dickson, Edwards, Fuller, Greenlee, Har- 
grove, Holmes, Howard, Kelly, Lyon, Meares, Michal, Rhodes, 
Royster, Sanders, Schenck, Smith of Johnston, Strange, Strong 



38 JOURNAL OF THE [3d Session, 

of Wayne, Sutherland, Thornton, Turner, Woodfin and Woo- 
ten— 28. 

On motion of Mr. Ellison, the rules were suspended, the 
ordinance read the third time and passed, and ordered to be 
enrolled. 

The President announced the following committees : 

On the memorial presented by Mr. Hicks — Messrs. Hicks, 
Woodfin, Berry, Setzer and Shipp. 

On the Governors Message — Messrs. Gilmer, Williamson, 
Arrington, McNeill of Harnett, and Holden. 

The unfinished of yesterday — the Piedmont Railroad char- 
ter — was taken up, the question being on th,e amendment offered 
by Mr. Starbuck. The question was put, and the amendment 
was not agreed to. 

Mr. Gilmer offered a substitute for the second section, pro- 
viding for Commissioners to receive and superintend subscrip- 
tions, which was agreed to. 

Mr. Batchelor moved to insert the word, "railroad," before 
the words, "corporate bodies," in the 24th line of the 4th 
section, and it was agreed to. 

Mr. Ruffin moved the following proviso to the 8th section: 
" Provided that at such elections no stockholder shall be enti- 
tled to cast more than two hundred votes," which was agreed to. 

Mr. Badger moved to strike out of the 8th section the words, 
"being citizens of the Confederate States," and insert the 
words, " not being alien enemies," and it was agreed to. 

Mr. Strange moved to strike out sections 33, 34 and 35, on 
which motion the ayes and noes were ordered, and resulted in 
the negative, as follows : 

Ayes — Messrs. Arrington, Bagley, Batchelor, Battle of 
Edgecombe, Berry, Bunting Darden, Dickson, Durham, Ed- 
wards, Foy, Graham, Hargrove, Holmes, Howard, Jones of 
Currituck, Kelly, Leak of Richmond, Lyon, McDuffie, McNeMl 
of Cumberland, Mebane, Merritt, Osborne, Rayner, Rhodes, 
Roystcr, Sanders, Strange, Strong of Wayne, Thomas of Jack- 
son, Thornton and Wooten — 33. 



1862.]* STATE CONVENTION. 39 

Noes — Messrs. Allison, Armfield, Atkinson, Badger, Bogle, 
Brown, Bryson, Caldwell, Calloway, Cannon, Christian, Dick, 
Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster of 
Randolph, Gilmer, Gorrell, Hamlin, Hearne, Headen, Hicks, 
Johnston, Jones of Caldwell, Jones of Rowan, Kittrell, Mann, 
McDowell of Burke, McDowell of Madison, McNeill of Har- 
nett, Michal, Miller, Mitchell, Penland, Phifer, Reid, Ruffin, 
Schenck, Setzer, Smith of Johnston, Smith of Macon, Sprouse, 
Starbuck, Turner, Walton, Williamson, Wilson and Woodfin — 50. 

Before the last vote was taken, Mr. Myers asked and obtained 
leave not to vote on all the proposed amendments to the ordi- 
nance. 

Mr. Batchelor moved an adjournment, and it was not agreed to. 

Mr. Foy offered the following amendment to the ordinance : 

Be it further ordained, That the right is reserved to this 
State to purchase, at any time after the present war, from said 
corporation, at the pleasure of the General Assembly, so much 
of the said road as is situated in North Carolina, and all the 
fixtures, engines, rolling stock, and all the other property 
belonging to said corporation, at a fair valuation, payable in 
equal proportions, payable in one, two, three, four, and five 
years, for which stock of this State, payable at the periods afore- 
said, and bearing interest at the rate of six per cent., payable 
semi-annually at the public treasury, shall be issued ; and such 
valuation shall be made by two persons chosen by the General 
Assembly, and two other persons chosen by the President and 
Directors of said Corporation, and by one other person chosen 
by the four persons last named, and the valuation thus made 
shall be conclusive on all the parties aforesaid. 

On this question the ayes and noes were ordered, on motion 
of Mr. Foy, and resulted in the negative, as follows : 

Ayes — Messrs. Batchelor, Battle of Edgecombe, Brown, 
Bunting, Darden, Dickson, Edwards, Foy, Hargrove, Holmes, 
Howard, Kelly, Leak of Richmond, Lyon, Moseley, Rhodes, 
Royster, Strange, Strong of W^ayne, Sutherland, Thomas of 
Jackson, Thornton, Williamson and Wooten — 24. 
41 



40 JOURNAL OF THE [3d Session,. 

Noes — Messrs. Allison, Armfield, Arrington, Atkinson, 
Badger, Bagley, Berry, Bogle, Bond, Bryson, Caldwell, Callo- 
way, Cannon, Christian, Dick, Douthitt, Durham, Eller, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Hamlin, Hearnc, Hcaden, Hicks, Holden, Houston, Johnston, 
Jones of Caldwell, Jones of Currituck, Jones of Rowan, Kit- 
trell, McDowell of Burke, McDowell of Madison, McNeill of 
Harnett, Mebane, Merritt, Michal, Miller, Mitchell, Osborne, 
inland, Phifer, Reid, Ruffin, Sanders, Schenck, Setzer, Shipp, 
Smitii 01 e^ui^ton, Smith of Macon, Sprouse, Starbuck, Turner, 
Wilson and Woodfin — 59. 

Mr. Jones, of Rowan, moved that the Convention do now 
adjourn, and it was not agreed to. 

Mr. Brown offered the following amendment : 

Be it further ordained, That at the termination of the exist- 
ing war between the United States and the Confederate States, 
all the rights, franchises and authority acquired under this 
charter by the Confederate States, shall cease and determine, 
and the same shall revert to the State of North Carolina. 

Mr. Howard moved that the Convention do now adjourn, and 
it was not agreed to. 

The question was then put on the amendment of Mr. Brown, 
and it was not agreed to. 

Mr. Badger offered the following : 

Be it further ordained, That the corporate franchises and 
privileges hereby granted shall cease and determine at the expi- 
ration of ninety-nine years from the day of the passage of this 
ordinance. 

Mr. Foy moved to amend the amendment by striking out 
"ninety-nine," and inserting " thirty," which was not agreed to. 

The amendment of Mr. Badger was then agreed to. 

Then, on motion of Mr. Badger, the Convention adjourned. 



1862.] STATE CONVENTION. 41 



IN CONVENTION, Thursday, February 6, 1862. 

The President took the Chair and called the Convention to 
order. Prayer by Rev. John S. Long, of the M. E. Church. 

The journal of yesterday was read and approved. 

Mr. Strong presented a petition from one hundred and fifty 
ladies of Wilson County, asking the intervention of this body 
in the ruinous effects of the distillation of ardent spirits, which 
was ordered to be filed with the other papers on that subject. 

Mr. Meares presented a petition from citizens of Smithvillc 
and officers of the 20th Regiment N. C. Volunteers, on the 
same subject, which, on his motion, was referred to a select 
committee. 

The President appointed the following : Messrs. Meares, 
Graham, Strange, Osborne and Brown. 

Mr. Darden introduced an ordinance on the subject of distil- 
leries, which passed its first reading. 

On motion of Mr. Walton, his resolution, heretofore intro- 
duced, asking a definition of certain words in the militia laws, 
was now taken up and agreed to. 

Mr. Osborne offered the following : 

Resolved, That in the opinion of this Convention, it is of the 
highest importance to the interests of the Confederate States 
that the mints situated within their limits should be placed in 
operation at the earliest practicable moment ; and that our 
Senators and Representatives in Congress be requested to use 
their best exertions to attain this object. 

On motion of Mr. Graham, the rules were suspended, and 
the resolution wa3 agreed to. 

Mr. Howard, from the Executive Committee, reported an 
ordinance to amend the Constitution in relation to the Execu- 
tive Department, which passed its first reading. 

Mr. Batckelor's resolution in relation to the taxation of 
slaves, was taken up and agreed to. 

Mr. Rayner's resolution in regard to the course of the Banks 
with regard to Treasury notes, was taken up and agreed to. 



42 JOURNAL OF THE [3d Session, 






Mr. McDuffie's resolution, asking information of the Adju- 
tant General in regard to United States army officers, natives 
of this State, was then taken up and modified, by striking out 
the latter clause, and, on motion, was referred to a committee 
on a similar subject, raised under a resolution of Mr. Rayner. 

The unfinished business of yesterday — the Piedmont Railroad 
charter — was then called for, when Mr. Leak, of Richmond, 
moved to postpone the same, in order to consider a resolution 
offered by him in relation to the adjournment of this Convention, 
on which the ayes and noes were ordered, on motion of Mr. 
Jones, of Currituck, and resulted in the negative, as follows : 

Ayes — Messrs. Arrington, Bagley, Battle of Edgecombe, 
Bunting, Caldwell, Darden, Dickson, Foy, Fuller, Hargrove, 
Holmes, Howard, Johnston, Jones of Currituck, Kelly, Leak of 
Richmond, Lyon, McDuffie, McNeill of Cumberland, McNeill of 
Harnett, Miller, Moseley, Rhodes, Royster, Sanders, Setzer, 
Strange, Strong of Wayne, Sutherland, Thompson, Thornton, 
Walton, Washington and Wooten — 35. 

Noes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
Battle of Wake, Berry, Bogle, Bond, Brown, Calloway, Cannon, 
Dick, Douthitt, Durham, Eller, Ellison, Ferebee, Foster of Ashe, 
Gilmer, Gorrell, Graham, Greenlee, Hamlin, Hearne, Headen, 
Hicks, Holden, Houston, Jones of Caldwell, Jones of Rowan, 
Joyce, Kittrell, Long, Mann, McDowell of Burke, McDowell of 
Madison, Meares, Merritt, Michal, Mitchell, Myers, Osborne, 
Penland, Phifer, Reid, Ruffin, Schenck, Shipp, Smith of Hali- 
fax, Smith of Johnston, Smith of Macon, Sprouse, Starbuck, 
Strong of Mecklenburg, Thomas of Jackson, Turner, Warren, 
Williamson, Wilson and Woodfin — 61. 

Mr. Howard moved to postpone in order to allow him to intro- 
duce an ordinance to authorize the Governor to accept and 
organize an additional regiment of artillery. On this question 
the ayes and noes were ordered, on motion of Mr. Howard, and 
resulted in the negative, as follows : 

Ayes — Messrs. Arrington, Atkinson, Bagley, Barnes, Batch- 
elor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
Bunting, Caldwell, Darden, Dickson, Durham, Foy, Fuller, 



1862.] STATE CONVENTION. 43 

Hargrove, Holmes, Houston, Howard, Johnston, Jones of Cur- 
rituck, Kelly, Leak of Richmond, Lyon, McDowell of Madison, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
Moseley, Osborne, Rhodes, Royster, Sanders, Smith of Halifax, 
Smith of Johnston, Strange, Strong of Mecklenburg, Strong 
of Wayne, Sutherland, Thomas of Jackson, Thompson, Thorn- 
ton, Walton, Washington and Wooten — 47. 

Noes — Messrs. Allison, Armfield, Badger, Bogle, Brown, 
Calloway, Cannon, Christian, Dick, Douthitt, Eller, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Hamlin, Hcarne, Headen, Hicks, Holden, Jones of 
Caldwell, Jones of Rowan, Joyce, Kittrell, Long, Mann, Mc- 
Dowell of Burke, Mebane, Merritt, Michal, Miller, Mitchell, 
Myers, Penland, Phifer, Reid, Ruffin, Schenck, Setzer, Shipp, 
Smith of Macon, Speed, Sprouse, Starbuck, Warren, Wilson 
and Woodfin — 50. 

By consent, Mr. Hicks, from the committee on the petition 
from citizens of Haywood County, reported an ordinance to 
establish a Court of Oyer and Terminer, which passed its first 
reading. 

The Convention then proceeded to the consideration of the 
unfinished business of yesterday, the question being on the 
passage of the ordinance on its second reading. 

Mr. Graham moved to amend by striking out the names of 
W. A. Graham and John Berry, in the second section, and 
inserting the names of W. F. Strayhorn and J. C. Turrentine, 
and it was agreed to. 

The ordinance then passed the second reading. 

Mr. Gilmer moved to suspend the rules and put the ordinance 
on its third reading to-day, on which motion the ayes and noes 
were ordered, on motion of Mr. Howard, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
ger, Bagley, Barnes, Batchelor, Bogle, Bond, Brown, Caldwell, 
Calloway, Christian, Dick, Douthitt, Durham, Eller, Ellison, 
Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Greenlee, Hamlin, Hearne, Headen, Hicks, Holden, Houston, 



44 JOURNAL OF THE [3d Session, 

Johnston, Jones of Caldwell, Jones of Currituck, Jones of 
Rowan, Joyce, Kittrell, Leak of Richmond, Long, Mann, Mc- 
Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Mebane, Michal, Miller, 
Mitchell, Myers, Osborne, Penland, Phifer, Rcid, Ruffin, 
Schenck, Setzer, Shipp, Smith of Macon, Sprouse, Starbuck, 
Strong of Mecklenburg, Thomas of Jackson, Turner, Walton, 
Warren, Williamson, Wilson and Woodfin — 70. 

Noes — Messrs. Battle of Edgecombe, Berry, Bunting, Can- 
non, Darden, Dickson, Foy, Fuller, Graham, Hargrove, Holmes, 
Howard, Kelly, Lyon, Meares, Merritt, Moseley, Rayner, 
Rhodes, Royster, Smith of Halifax, Speed, Strange, Strong of 
Wayne, Sutherland, Thompson, Thornton, Washington and 
Wooten— 30. 

Two-thirds voting in the affirmative, the ordinance was read 
the third time. 

Mr. Ruffin moved to amend the 23d section by striking out 
all after the word "situated," in the 8th line, down to the word 
"provided," in the 20th line, and it was agreed to. 

Mr. Thomas, of Jackson, moved to amend as follows : — add 
to the 13th line, in the 13th section, as follows : Provided, the 
Company formed under this charter shall have no power to 
discriminate in either freight or travel against the North Caro- 
lina Railroad or Roads in North Carolina connected with it ; 
and it was agreed to. 

Mr. Thomas, of Jackson, also offered the following : — Add to 
the last of the 12th line of the 31st section, after the word 
"Road," as follows: and the said road with its branches 
authorized to be constructed under this charter shall be of the 
same guage as the North Carolina Railroad ; and the North 
Carolina Railroad Company shall have the right to construct a 
branch of their road from Hillsboro', or some other point, to 
Danville, or to the Virginia and Tennessee Road. 

Mr. Gorrell moved to strike out the latter clause of the 
amendment and insert in lieu thereof the following : — That full 
right and privilege is hereby reserved to the State, or to any 
company hereafter to be incorporated under the authority of 



1862.] STATE CONVENTION. 45 

this State, to connect with the road hereby provided for, or any 
other railroad leading therefrom, to any part or parts of this 
State ; Provided, that in forming such connection, no injury 
shall be done to the works of the Company hereby incorporated. 

At the suggestion of several members, he withdrew his 
amendment, whereupon, 

Mr. Thomas, of Jackson, moved to strike out of his amend- 
ment all after the word "Danville," and it was agreed to. 

He also moved to strike out the words, "or other points," 
which was agreed to. He moved then to amend further by 
inserting the words, "or near," before the word, "Danville," 
which was also agreed to. 

Mr. Badger then moved to amend the 33d section, by striking 
out the words, "one or more of the Confederate States of 
America;" also, to insert, after the word solvent, the words 
"Railroad," also, to add the word "and" before the word, 
"also," and to strike out the words, " shall have power and 
authority," and insert in lieu thereof the words, " may subscribe 
for ;" which several amendments were agreed to. 

Mr. Osborne moved to amend by striking out of the 13th 
line, the words, " and States in said Confederate States," which 
was agreed to. 

Mr. Badger moved to amend the 34th section by striking out 
the words, "the said States," which was agreed to. 

Mr. Ruffin moved to amend by striking out the amendments 
heretofore agreed to on his motion providing for a limitation in 
the number of votes by each stockholder, and inserting in lieu 
thereof the words, " as may be, hereafter provided," and it was 
agreed to. 

He then moved to add the words just stricken out, to the 35th 
section, and it was agreed to. 

Mr. Howard now renewed the amendment which Mr. Gorrell 
withdrew, and the amendment was agreed to. 

He also moved to amend the 35th section by adding : "Pro- 
vided that a majority of directors of said company shall be 
citizens of North Carolina," and it was not agreed to. 



46 JOURNAL OF THE [3d Session, 

The question then recurred upon the final passage of the 
ordinance, on which the ayes and noes were ordered, on motion 
of Mr. Thornton, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
ger, Barnes, Bogle, Bryson, Caldwell, Calloway, Christian, 
Dick, Douthitt, Durham, Eller, Ellison, Foster of Ashe, Foster 
of Randolph, Gilmer, Gorrell, Greenlee, Hamlin, Hearne, 
Headen, Hicks, H'olden, Houston, Johnston, Jones of Caldwell, 
Jones of Rowan, Joyce, Kittrell, Leak of Richmond, Long, 
McDowell of Burke, McDowell of Madison, McDuffie, McNeill 
of Cumberland. McNeill of Harnett, Michal, Miller, Mitchell, 
Myers, Osborne, Penland, Phifer, Reid, Ruffin, Schenck, Set- 
zer, Shipp, Smith of Macon, Sprouse, Starbuck, Strong of 
Mecklenburg, Thomas of Jackson, Turner, Warren, William- 
son, Wilson and Woodfin — 61. 

Noes — Messrs. Bagley, Batchelor, Berry, Bond, Bunting, 
Cannon, Darden, Dickson, Edwards, Foy, Fuller, Graham, 
Hargrove, Holmes, Howard, Jones of Currituck, Kelly, Lyon, 
Mann, Meares, Merritt, Moseley, Rayner, Rhodes, Royster, 
Sanders, Smith of Halifax, Speed, Strange, Strong of Wayne, 
Sutherland, Thompson, Thornton, Washington and Wooten — 35. 

Mr. Badger moved to reconsider the vote just taken, and it 
was not agreed to. 

Then, on motion of Mr. Batchelor, the Convention adjourned. 



IN CONVENTION, Friday, February 7, 1862. 

The Convention met, the President in the Chair. Prayer by 
Rev. Henry Hardie, of the Presbyterian Church. 

The journal of yesterday was read and approved. 

Mr. Schenck presented a petition from citizens of Lincoln 
County, in relation to extortioners and distillers, which, on his 
motion, was referred to the committee on Distilleries. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported the Ordinance to incorporate the Washington and 
Tarboro' Railroad Company : whereupon, it was signed by the 
President and attested by the Secretaries. 



1862.] STATE CONVENTION. 47 

Mr. Jones, of Rowan, offered the following, which lies over 
one day : 

Resolved, That from and after Wednesday, 11th inst., no 
new business shall be introduced into the Convention, except 
amendments to matters before that time brought forward. 

Mr. Leak, of Richmond, moved to take up for consideration 
his resolution in relation to the adjournment. On this question 
the ayes and noes were ordered, on motion of Mr. Darden, and 
resulted as follows : 

Ayes — Messrs. Arrington, Atkinson, Bagley, Battle of Edge- 
combe, Bunting, Caldwell, Cunningham, Darden, Dickson, 
Durham, Ellison, Fuller, Green, Greenlee, Hargrove, Headen, 
Hicks, Holmes, Houston, Howard, Johnston, Jones of Caldwell, 
Kelly, Leak of Anson, Leak of Richmond, Lyon, Mann, Mc- 
Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Michal, Miller, Moseley, 
Rayner, Reid, Rhodes, Royster, Sanders, Schenck, Setzer, 
Smith of Halifax, Smith of Johnston, Strange, Strong of Meck- 
lenburg, Strong of Wayne, Sutherland, Thompson, Thornton, 
Walton, Washington, Williams, Williamson and Wooten — 55. 

Noes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
Battle of Wake, Bond, Brodnax, Bryson, Calloway, Cannon, 
Christian, Dick, Douthitt, Eller, Ferebee, Foster of Ashe, Foster 
of Randolph, Gilmer, Graham, Hamlin, Hearne, Holden, Jones 
of Rowan, Kittrell, Long, Meares, Merritt, Mitchell, Osborne, 
Penland, Ruffin, Shipp, Smith of Macon, Speed, Starbuck, 
Thomas of Carteret, Thomas of Jackson, Turner, Warren, Wilson 
and Woodfin — 43. 

Mr. Smith, of Halifax, offered the following substitute 
therefor : 

Resolved, That a committee be appointed by the President 
to take into consideration the necessary business to be acted on 
by this Convention, and report at as early a day as practicable 
for the adjournment thereof. 

Mr. Michal moved to amend the substitute as follows : Strike 
out all after the word "resolved," and insert, "that this Con- 
vention will adjourn sine die on or before the 21st instant." 
42 



48 JOURNAL OF THE [3d Session, 

Mr. Bond moved that the whole subject lie on the table. Mr. 
Leak, of Richmond, called for the ayes and noes, which being 
ordered, resulted as follows: 

Ayes — Messrs. Allison, Armfield, Badger, Barnes, Batche- 
lor, Battle of Wake, Berry, Bond, Brodnax, Bryson, Callo- 
way, Cannon, Christian, Dick, Douthitt, Eller, Ellison, Fere- 
bce, Foster of Randolph, Gilmer, Graham, Hamlin, Hearne, 
Holden, Jones of Rowan, Kelly, Kittrell, Long, Mann, Mc- 
Dowell of Madison, McNeill of Cumberland, Meares, Merritt, 
Mitchell, Osborne, Penland, Ruffin, Shipp, Smith of Macon, 
Speed, Starbuck, Thomas of Carteret, Thomas of Jackson, 
Turner, Warren and Wilson — 46. 

Noes — Messrs. Arrington, Atkinson, Bagley, Battle of Edge- 
combe, Bunting, Caldwell, Cunningham, Darden, Dickson, 
Durham, Foster of Ashe, Fuller, Green, Greenlee, Hargrove, 
Hcadon, Hicks, Holmes, Howard, Johnston, Jones of Caldwell, 
Leak of Anson, Leak of Richmond, Lyon, McDowell of Burke, 
McDume, McNeill of Harnett, Michal, Miller, Moseley, Ray- 
ner, Reid, Rhodes, Royster, Sanders, Schenck, Setzer, Smith 
of Halifax, Smith of Johnston, Strange, Strong of Mecklen- 
burg, Strong of Wayne, Sutherland, Walton, Washington, Wil- 
liams, Williamson, Woodfin and Wooten — 51. 

Mr. Badger now moved that the subject be inferred to a 
select committee. On this question the ayes and noes were 
ordered, on motion of Mr. Holmes, and resulted as follows : 

Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
ger, Barnes, Batchelor, Battle of Wake, Berry, Bond, Brodnax, 
Bryson, Colloway, Cannon, Christian, Dick, Douthitt, Eller, 
Ellison, Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, 
Graham, Hamlin, Hearne, Headen, Hicks, Holdsn, Jonei of 
Caldwell, Jones of Rowan, Kelly, Long, Mann, McDowell of 
Madison, McDuffie, McNeill of Cumberland, McNeill of Har- 
nett, Merritt, Mitchell, Osborne, Ruffin, Shipp, Smith of Hali- 
fax, Smith of Johnston, Smith of Macon, Speed, Starbuck, 
Strong of Mecklenburg, Thomas of Carteret, Thomas of Jack- 
son, Turner, Walton, Warren, Washington and Wilson — 56. 



1862.] STATE CONVENTION. 49 

Noes — Messrs. Bagley, Battle of Edgecombe, Bunting, Cald- 
well, Cunningham, Dardon, Dickson, Durham, Fuller, Green, 
Greenlee, Hargro?e, Holmes, Houston, Howard, Johnston, Leak 
of Anson, Leak of Richmond, Lyon, McDowell of Burke, Mi- 
chal, Miller. Moseley, Penland, Rayner, Reid, Rhodes, Roy3ter, 
Sanders, Schenck, Setzer, Strange, Strong of Wayne, Suther- 
land, Thompson, Thornton, Williams, Williamson, Woodfin and 
Wooten — 40. 

Mr. Ferebee, from the committee on Military Affairs, reported 
an ordinance to provide for the payment of bounty to the North 
Carolina Volunteers in service, which passed its first reading. 

The President announced the following Committee on the 
resolution of Mr. Walton ; Messrs. Walton, Barnes, Graham, 
Sanders, and Strong of Mecklenburg. 

On motion of Mr. Smith of Halifax, leave of absence for 
three days, was granted to Mr. Foy ; and, on motion of Mr. 
Ferebee, leave of absence from and after to-day, to Mr. Jones, 
of Currituck. 

Mr. Armfield, from the committee on Distilleries, made an 
adverse report on tha several subjects referred to it. He also 
informed the Convention that he would present a minority report. 

Mr. Rayner offered the following resolution : 

Resolved, That the Public Treasurer be requested to invite 
the Presidents of the several Banks in this State to convene in 
this City, at an early day, for the purpose of consultation in 
regard to the course to be pursued by said Banks, as to the 
Treasury notes issued by the State. 

On his motion, the rules were suspended, and said resolution 
considered and agreed to. 

The order of the day now coming up, on motion of Mr. How- 
ard, the same was postponed until to-morrow, in order that the 
Convention might proceed to consider the ordinance to raise and 
organize North Carolina's quota of Confederate Troops ; where- 
upon, 

On motion of Mr. Osborne, the lobbies and galleries were 
cleared, and the Convention proceeded to sit with closed doors, 
and so continued until a late hour, when the doors were opened. 



50 JOURNAL OF THE [3d Session, 

Mr. Barnes moved that leave of absence, until Monday next, 
be granted to Mr. Meares ; which was agreed to. 

Mr. Badger presented an order denoting the method of pro- 
ceeding for the final disposal of such Constitutional amendments 
as may be agreed to by the Convention. 

And then, on motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Saturday, February 8, 1862. 

The Convention met, the President in the Chair. Prayer by 
Rev. Mr. FitzGerald, of the P. E. Church. 

The journal of yesterday was read and approved. 

The President announced the following committee on the 
resolution for adjournment : Messrs. Smith of Halifax, Leak of 
Richmond, Ruffin, Woodfin and Brodnax. 

Mr. Moseley offered the following : 

Resolved, That the Convention instructs the Paymaster Gen- 
eral to pay the officers and privates of the companies of the 38th 
regiment, North Carolina Volunteers, from the time said compa- 
nies tendered their services to the Governor and were accepted 
by him. 

On his motion, the rules were suspended to consider the reso- 
lution at this time. 

Mr. Rayner moved to refer the resolution to a special oom- 
mittee ; which was agreed to, and the President appointed 
Messrs. Gilmer, Mcrritt, Howard, Moseley and Armfield. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled, the Ordinance to incorporate the 
Piedmont Railroad Company, and the same was duly ratified. 

Mr. Rayner, from the committee on Finance, to whom was 
referred an ordinance to tax spirituous liquors, distilled from 
grain, reported the same back with amendments, and recom- 
mended its passage. 

Also, an ordinance to increase the salaries of the Treasurer, 
Comptroller and Secretary of State ; 



1862.] STATE CONVENTION. 51 

And unfavorably on the resolution in relation to the taxation 
of slaves. 

Mr. Holmes introduced an ordinance for the more thorough 
organization of the militia, which passed the first reading, and, 
on his motion, -was referred to the committee on Military Affairs. 

On motion of Mr. Holden, the ordinance heretofore intro- 
duced by him to amend the Constitution in relation to the Uni- 
versity and the schools, was taken up and referred to the com- 
mittee on the rights of foreigners and on schools. 

Mr. Foster, of Ashe, introduced an ordinance in relation to 
certain lands in Ashe and Wilkes counties, which passed the 
first reading, and, on motion of Mr. Mitchell, was referred to 
a select committee. 

Mr. Schenck, from the committee to whom was referred the 
ordinance to annul the 9th section of the charter of the Cheraw 
and Coalfields Railroad Company, reported the same back to 
the Convention, and recommended that it do not pass. 

Mr. Christian, from the minority of the same committee, pre- 
sented an adverse report, recommending the passage of the 
ordinance. 

The reports were ordered to be printed and made the special 
order for Friday next, at 12 o'clock. 

The special order was now called for, being the ordinance in 
relation to North Carolina's quota of Confederate troops. 

Mr. Ellison moved to postpone the same, in order to consider 
the ordinance relating to county taxes, on which the ayes and 
noes were ordered, on motion of Mr. Badger, and resulted in 
the negative, as follows : 

Ayes — Messrs. Allison, Badger, Bagley, Batchelor, Berry, 
Bryson, Cannon, Darden, Dick, Ellison, Ferebee, Graham, 
Hamlin, Hargrove, Holden, Jones of Rowan, Kelly, Leak of 
Anson, Long, Michal, Royster, Ruffin, Shipp, Smith of Halifax, 
Smith of Johnston, Smith of Macon, Starbuck, Walton, Warren 
and Williams — 30. 

Noes— Messrs. Arrington, Atkinson, Brodnax, Bunting, 
Caldwell, Calloway, Christian, Douthitt, Durham, Eller, Foster 
of Ashe, Fuller, Green, Greenlee, Hicks, Holmes, Johnston, 



52 JOURNAL OF THE [3d Session, 

Leak of Richmond, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Mitchell, 
Osborne, Reid, Rhodes, Sanders, Schenck, Setzer, Strange, 
Strong of Mecklenburg, Sutherland, Thompson, Thornton, Wil- 
liamson, Woodfin and Wooten — 38. 

Mr. Batchelor moved that the Convention sit with closed doors, 
on which a quorum did not vote. 

Mr. Smith, of Johnston, moved a call of the House, which 
was agreed to, and the call being made, it appeared that there 
were eighty-five members present. This being a quorum, on 
motion, further proceedings of the call were dispensed with. 

The question recurring on the motion of Mr. Batchelor, the 
ayes and noes were ordered thereon, on motion of Mr. Badger, 
and resulted in the negative, as follows : 

Ayes — Messrs. Arrington, Batchelor, Bunting, Caldwell, Cal- 
loway, Darden, Dickson, Fuller, Green, Hargrove, Holmes, 
Johnston, Jones of Caldwell, Kelly, Leak of Anson, McDowell 
of Burke, McDowell of Madison, Mitchell, Osborne, Reid, 
Rhodes, Royster, Ruffin, Setzer, Starbuck, Strange, Strong of 
Mecklenburg, Sutherland, Thomas of Carteret, Thomas of Jack- 
son, Thompson, Thornton, Walton, Williams, Williamson and 
Wooten— 36. 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
Berry, Bond, Brodnax, Bryson, Cannon, Christian, Dick, 
Douthitt, Durham, Eller, Ellison, Ferebee, Foster of Ashe, 
Foster of Randolph, Graham, Greenlee, Hamlin, Hearne, 
Headen, Hicks, Holden, Jones of Rowan, Leak of Richmond, 
Long, Mann, McDuffie, McNeill of Cumberland, McNeill of Har- 
nett, Michal, Penland, Sanders, Smith of Halifax, Smith of 
Johnston, Smith of Macon, Speed, Warren and Woodfin — 42. 

On motion of Mr. Graham, the further consideration of the 
ordinance waa postponed until Monday next. 

On motion of Mr. Batchelor, the Convention now proceeded 
to the consideration of the ordinance relating to taxation by the 
County Courts, the pending question being on the substitute 
proposed by Mr. Ellison. 



1862.] STATE CONVENTION. 53 

On motion of Mr. -Mitchell, the County of Iredell was 
exempted from the operation of the ordinance ; also, on motion 
of Messrs. Calloway and Setzer, their respective counties were 
also exempted. 

Mr. Graham moved the following amendment — Add to the 
first section as follows : Provided that in counties holding regular 
terms of their County Courts, in said month of May, or tho 
first Monday in June, the levy hereby required shall be made at 
such regular term. Also, to strike out the 8th section ; and the 
amendments were agreed to. 

Mr. Graham also moved the following — And the Secretary of 
State shall cause this ordinance to be published in ten news- 
papers, printed in the various parts of the State, for one month 
successively prior to the first day of May next, which was also 
agreed to. 

The motion of Mr. Mitchell was now reconsidered and 
disagreed to. 

The substitute of Mr. Ellison as amended was then adopted. 

On motion, the rules were suspended, the ordinance passed 
the third and last reading and ordered to be enrolled. 

Mr. Rayner offered the following : 

Resolved, That the Secretary of State be authorized and 
directed to have published three hundred copies of the ordinance 
just passed, and send one copy to the Sheriff, Chairman and 
Clerk of the County Court of each County of the State, which 
was adopted under a suspension of the rules. 

Mr. Howard, from the select committee, to whom was referred 
the resolution introduced this morning by Mr. Moseley, reported 
a substitute therefor, and recommended its passage. 

On motion, the rules were suspended, the resolution passed 
the several readings and ordered to be enrolled. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled the resolution just passed, and the 
same was duly ratified. 

Mr. Thomas, of Jackson, moved to take up the ordinance to 
provide for Courts of Oyer and Terminer, which was agreed to. 



54 JOURNAL OF THE [3d Session, 

The ordinance was read the second time. 

Mr. Badger moved to lay the same on the table. 

On motion of Mr. Merritt, the Convention adjourned. 



IN CONVENTION, Monday, February 10, 1862. 

At the usual hour the Convention met, the President in the 
chair. Prayer by Rev. J. M. Atkinson of the Presbyterian 
Church. 

The journal of Saturday was read, amended, on motion of 
Mr. Graham, and approved. 

Mr. Green presented the credentials of A. J. Murrill, dele- 
gate from Onslow county to fill the vacancy created by the resig- 
nation of E. W. Ward, who thereupon took his seat in the Con- 
vention. 

The President announced the following committee : • 

On the resolution of Mr. Foster, of Ashe, in regard to cer- 
tain lands in Ashe and Wilkes counties — Messrs. Foster of 
Ashe, Mitchell, Bond, Murrill and Warren. 

On motion of Mr. Schenck, leave of absence was granted to 
Mr. McDowell of Burke, from and after to-day, and on motion of 
Mr. Holmes, to Mr. Cunningham for three days, including to-day. 

Mr. Calloway presented a petition from citizens of Wilkes 
county, on the subject of the distillation of liquors from grain, 
which was, on his motion, filed with the other papers on that 
subject. 

Mr. Foster, of Ashe, offered the following : 

Resolved, That this Convention will adjourn sine die on the 
23d instant, which lies over one day. 

Mr. Ruffin presented a memorial from the President and Di- 
rectors of the Wilmington, Charlotte and Rutherford Railroad 
Company ; and an ordinance to carry out the prayer of the 
memorialist, which passed its first reading. 

On motion, their reference was made to a select committee. 

Mr. Hicks introduced an ordinance to authorize the holding 
of a court of Oyer and Terminer in Haywood county, which 



1862.] STATE CONVENTION. 55 

passed its first reading. On his motion, the rules were suspend- 
ed, and the ordinance read the second and third times, and 
ordered to be enrolled. 

Mr. Battle, of Wake, introduced an ordinance, supplemental 
to the ordinance passed by the Convention, in relation to the 
Chatham Railroad Company, -which passed its first reading. On 
his motion, the rules were suspended, and the ordinance passed 
its several readings and was ordered to be enrolled. 

Mr. Thomas, of Jackson, offered a resolution inquiring into 
the defences of the Western part of the State ; which, under a 
suspension of the rules, was referred, on motion, to a select 
committee. 

The President announced the following Committee on the 
memorial of the Wilmington, Charlotte and Rutherford Railroad 
Company, viz : Messrs. Reid, Speed, Warren, Holmes and 
Michal. 

Mr. Ferebee moved to take up for consideration the ordinance 
to provide for bounty to the North Carolina Volunteers, which 
was agreed to. 

Mr. Howard moved to amend as follows : at the end of the 
first section, add — Provided, however, that the officers of all 
Volunteers, directly to the Confederate States, shall make such 
returns as the Governor may require ; which was agreed to. 

Also, as follows : Insert between the words "is" and "cre- 
ated," the words, "or may be"; and strike out "South" and 
insert "Confederacy," which was agreed to. The ordinance 
then passed its second and third readings, and was ordered to be 
enrolled. 

The following committee was announced on the resolution of 
Mr. Thomas, of Jackson, in regard to the defences of the 
Western part of the State, viz : Messrs. Thomas of Jackson, 
Satterthwaite, Penland, Barnes and Setzer. 

On motion of Mr. Schenck, the lobbies and galleries were 
cleared, and the Convention proceeded to sit with closed doors. 
After so remaining for some time, the doors were opened, when 

Mr. Badger moved to suspend the rule requiring the Con- 
vention to meet at 4 o'clock ; which was agreed to. 
43 



56 JOURNAL OF THE [3d Session, 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported the ordinance to provide bounty to the North Carolina 
volunteers, and an ordinance to provide for a Court of Oyer and 
Terminer in Haywood County : whereupon, it was signed by 
the President and attested by the Secretaries. 

On motion of Mr. Ruifin, the Convention took a recess until 
7 P. M. 

7 O'clocx, P. M. 
At this hour the Convention re-assembled, and soon thereafter 
the lobbies and galleries were cleared and the Convention sat 
with closed doors ; and so remained until tne noar of adjourn- 
ment. 



|IN CONVENTION, Tuesday, February 11, 1862. 

The President called the Convs^tion to order at the usual 
hour. Prayer by Rev. Br. idason, Ci the P. 2. Church. 

The journal of yesterday vas nac and approved. 

Mr. Thomas, of Carteret, predated a petition from sundry 
citizens of Yadkin County against l:.:j action on tne part of the 
Convention in relation to the conception of corn by artilleries, 
which, on nis motion, was ca erect to lie on She table. 

Mr. Wiliiams, from tne comm'twOa en 2k.3e I^groes, reported 
an ordinance to permit x'ree ne fa . . ya uo r3n< 7 3 iisniseivss, wnich 
passed it3 nrst reading. 

Mr. "Warren ohered a recoiutic :">., cd/i^ ic:.* :n:OxiiLtion irom 
the Adjutant General. On nis : -it'c ', :a - .nes .. n*e ^:_}vncied, 
and the resolution was raad ,nd . Q :icu. to. 

On motion of Mr. Granam, laz 7$ Xif ' ..""31: ^ #? *ie : nnainuer 
of the session was granted to i.L\ jilid?, c 3 ; ie ..c.n Jiikez. 

On motion of Mr. Smith, of Kalifoz, J. ;aiaf .) ;. -jo tf&s & * anted 
to Messrs. Walton and Uatcheior. 

On motion of Mr. Satterthwaite, tne Convention procee Jed to 
sit with closed doors, and so continued until the hour of recess. 



1862.] STATE CONVENTION. 57 

4 O'clock, P. M. 

The Convention re-assembled. 

The President laic 1 before the Convention a communication 
from the Adjutant General, in response to a resolution of this 
morning, which, on motion of Mr. Warren, was ordered to be 
printed. 

On motion, the Convention proceeded to sit with closed doors, 
and so continued until a late hour. 

The doors having been opened, on motion of Mr. Leak, of 
Richmond, the Convention adjourned. 



IN CONVENTION, Wednesday, February 12, 1862. 

The President called the Convention to order at the usual 
hour. Prayer by Rev. Thomas E. Skinner, of the Baptist 
Church. 

The journal of yesterday was read and approved. 

On motion of Mr. Mebane, leave of absence for the residue 
of the session was granted to Mr. Smith, of Halifax, from and 
after to-day. 

Mr. Reid offered the following : 

Resolved, That during the remainder of the present session, 
no delegate shall speak more than twice on the same question, 
or occupy the floor more than fifteen minutes the first time, or 
more than ten minutes the second time, in discussing such 
question. 

Resolved further, That the Convention will, on Friday next, 
at six o'clock, take a recess until . 

He moved to suspend the rules that the resolutions may be 
now considered. 

After considerable discussion — 

Mr. Miller moved to lay the motion to suspend on the table, 
on which the ayes and noes were ordered, on motion of Mr. Reid, 
and resulted in the affirmative, as follows : 



58 JOURNAL OF THE [3d Session, 

Ayes — Messrs. Allison, Badger, Battle of Edgecombe, Berry, 
Bogle, Bond, Brodnax, Bryson, Calloway, Cannon, Christian, 
Dick, Douthitt, Fuller, Gilmer, Graham, Hamlin, Headen, 
Hicks, Holden, Howard, Jones of Caldwell, Jones of Rowan, 
Joyce, Kelly, KittrelL, Leak of Richmond, Long, Mann, McNeill 
of Cumberland, McNeill of Harnett, Mearcs, Mebane, Merritt, 
Miller, Murrill, Myers, Osborne, Penland, Phifer, Rayner, 
Ruffin, Satterthwaitc, Shipp, Smith of Macon, Sprouse, Star- 
buck, Thomas of Carteret, Turner, Washington, Williamson and 
Wilson — 52. 

Noes — Messrs. Bunting, Cunningham, Dardcn, Dickson, 
Durham, Foster of Ashe, Green, Greenlee, Hargrove, Holmes,. 
Johnston, Lyon, McDowell of Madison, McDuffie, Michal, 
Moseley, Reid, Rhodes, Royster, Sanders, Schenck, Setzer, 
Smith of Halifax, Smith of Johnston, Strong of Mecklenburg, 
Sutherland, Thornton, Williams, Woodfin and Wooten — 30. 

Mr. Graham introduced an ordinance to establish the Treasury 
Department, which passed its first reading. 

Mr. Satterthwaitc, from the committoc on that subject, 
reported an ordinance to provide for the assumption and payment 
of the Confederate tax, which passed the first reading. 

Mr. Woodfin gave notice of an amendment which he would 
offer when the ordinance shall be considered, which was ordered 
to be printed. 

Mr. Meares was appointed on the committee of the Deep 
River and Cape Fear Improvement, in place of Mr. Arrington, 
resigned. 

Mr. Leak, of Richmond, offered the following : 

Resolved, That the Governor be authorized to appoint a Chap- 
lain for our hospital at Petersburg, who shall receive such 
compensation as is now authorized and prescribed by the Con- 
federate Government ; — which lies over one day. 

Mr. Gilmer moved to suspend for the present week, the order 
of the Convention for afternoon sessions, and it was not agreed to. 

The orders of the day were now taken up, being the ordinance 
reported by the Military Committee. 

The Convention proceeded to sit with closed doors, and so 
continued until the hour of recess. 



1862.] STATE CONVENTION. 59 

4 O'clock, P. M. 
The Convention ro-assembled in secret session, and so re- 
mained until a late hour, when the doors were opened, and, 
On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Thursday, February 13, 1862. 

The President called the Convention to order. Prayer by 
Rev. J. S. Long, of the M. E. Church. 

The journal of yesterday was read and approved. 

Mr. Moseley presented a petition from sundry citizens of 
Sampson and Duplin counties, asking the action of the Conven- 
tion to prevent the destruction of grain, by distillation, which, 
on his motion, was filed with other papers on the same subject. 

On motion of Mr. Schenck, leave of absence for the remain- 
der of the session, was granted Mr. Johnston, from and after 
to-morrow. 

Mr. Foster, of Ashe, from the committee on that subject, 
reported an ordinance to perfect certain grants of land, which 
passed its first reading. 

On motion of Mr. Mitchell, the rules were suspended, and 
the ordinance rend the second time. 

Mr. Meares moved that the ordinance lie on the table, and 
it was agreed to. 

Mr. Leak, of Richmond, introduced an ordinance to prevent 
the distillation of grain for the period of twelve months, which 
passed its first reading. 

He moved to suspend the rules so that the ordinance may be 
now considered, which was not agreed to. 

Mr. Graham introduced a series of resolutions, relating to 
the re-enlistment of volunteers, which were ordered to be printed. 

Mr. Rufiin introduced an ordinance to amend the Bill of 
Rights, which passed its first reading. 

Mr. Graham gave notice of an amendment to the ordinance 
to amend the Bill of Rights, reported by the committee, describ- 
ing the boundaries of the State, which was ordered to be printed. 



60 JOURNAL OF THE [3d Session, 

Mr. Jones, of Rowan, introduced an ordinance to facilitate 
the raising of volunteers, which passed its first reading. 

Mr. Badger offered the following : 

Resolved, That His Excellency, the Governor, be and he is 
hereby reauested, to communicate to this Convention, copies of 
the correspondence, if any there be, between the Executive 
authorities of this State and the Department of War and Navy, 
touching the defense of Roanoke Island, and the Albemarle and 
adjacent country. 

On his motion the rules were suspended and the resolution 
adopted. 

Mr. McDuffie moved a suspension of the rules in order that 
the resolutions introduced by Mr. Graham this morning, may 
be now considered ; and it was agreed to. 

The resolutions were then read and adopted. 

On motion of Mr. Osborne, the Convention proceeded to sit 
with closed doors, and so continued until the hour of recess. 



4 O'clock, P. M. 

Mr. Woodfin, by consent, gave notice of an amendment to 
the ordinance providing for the assumption and payment of the 
Confederate tax, which amendment was ordered to be printed. 

The doors were then closed, and the Convention sat in secret 
session until a late hour. When the doors were again opened, 

On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Friday, February 14, 1862. 
The President took the chair and called the Convention to 
order. Prayer by the Rev. Henry Hardie, of the Presbyte- 
rian Church. 

approved. 
L. N. B. Battle, delegate elect from the county of Nash, to 
fill the vacancy occasioned by the resignation of Mr. Arring- 



1862.] STATE CONVENTION. 61 

ton, produced his credentials and took his seat in the Conven- 
tion. 

The Convention then proceeded to consider the ordinance to 
provide North Carolina's quota of Confederate troops, which 
was reported by Mr. Howard, from the committee on Military 
Affairs, in lieu of the original, which had been recommitted. 

Mr. Sanders moved to strike out the first clause of the sec- 
ond section. 

Mr. Battle, of Edgecombe, moved to amend the section by 
adding to the first clause, as follows : " Unless otherwise or- 
dered by the Confederate government, or unless they may be 
required for local defense," on which the ayes and noes were 
ordered, on motion of Mr. Howard, and resulted in the affirma- 
tive, as follows : 

Ayes — Messrs. Badger, 3attie of Edgecombe, Battle of 
Nash, Battle of Wake, Broc'naA, Bunting, Cunningham, Darden, 
Dickson, Durham, Edwarqs, ITuller, Gorrell, Greenlee, Har- 
grove, nicks, Holmes, Howard, Johnston, Jones of Rowan, 
Kelly, Lyon, McDowell of Mac.ison, McDume, Mebane, Miller, 
Moseley, Osborne, Penland, Pni/e:*, Reid, Rhodes, Royster, 
Ruffin, Ganders, Schenc^, Seti^r, Shipp, Smith of Johnston, 
Starbuck, Strange, Strong of Y/ayne, Sutnerland, Thomas of 
Carteret, Thompson, Thornton, Turner, Washington, Williams, 
Woodfin and v7ooten — 51. 

Nobs — Messrs. Allison, B.erry, Bogle, Bond, Brown, Bryson, 
Caldwell, Oailoway, Cannon, Chr'siian, Dick, Douthiti, Foster 
of Ashe, Gilmer, Granam, Heajne, Holtien, Houston, Jones of 
Caldwell, Joyce, Leak of Richmond, Long, Mann, Manning, 
McNeill of Cumberland, Meares, Merritt, Michal, Mitchell, 
Humil, Catterthwaite, Gmith of Macon, Sprouse, Thomas of 
Jackson, Warren and Wilson — 36. 

The question now recurred on the motion of Mr. Sanders, 
on which tne ayes and noes were ordered, and resulted in the 
affirmative, as follows : 

Ay^s — Messrs. Allison, Badger, Battle of Wake, Berry, 
Bogle, Bond, Brown, Bryson, Calloway, Cannon, Christian, 
Cunningham, Dick, Douthitt, Durham, Foster of Ashe, Fuller, 



62 JOURNAL OF THE [3d Session, 

Gilmer, Gorrell, Graham, Hargrove, Hearne, Holden, Johnston, 
Jones of Caldwell, Joyce, Leak of Richmond, Long, Lyon, 
Mann, Manning, McDuffie, McNeill of Cumberland, Meares, Me- 
bane, Merritt, Michal, Miller, Mitchell, Murrill, Myers, Rhodes, 
Royster, Sanders, Satterthwaite, Setzer, Smith of Johnston, 
Smith of Macon, Sprouse, Starbuck, Warren and Wilson — 52. 

Noes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
nax, Bunting, Caldwell, Dickson, Edwards, Greenlee, Hicks, 
Holmes, Howard, Jones of Rowan, Kelly, McDowell of Madi- 
son, Moseley, Osborne, Penland, Phifer, Reid, Ruffin, Schenck, 
Shipp, Strange, Strong of Wayne, Sutherland, Thomas of Car- 
teret, Thompson, Thornton, Turner, Washington, Williams, 
Woodfin and Wooten — 33. 

Mr. Gilmer moved to strike out the first and second sections, 
and insert as follows : That it shall be the duty of the Governor, 
from time to time, to issue his proclamation calling for volun- 
teers to meet the requisitions of the Confederate States, now 
made or hereafter to be made ; Provided, however, that the 
volunteers heretofore in service, re-enli6ting, shall have credit 
for the time they have served ; Provided, further, that volun- 
teers shall not be for a longer term than three years or during 
the war ; and Provided further, that the Governor shall not be 
required to keep in the Confederate service more than the regu- 
lar quota of North Carolina. 

On this question the ayes and noes were ordered, on motion 
of Mr. Howard, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Battle of Edgecombe, Bat- 
tle of Nash, Brodnax, Brown, Bunting, Cunningham, Darden, 
Dickson, Durham, Foster of Ashe, Fuller, Gilmer, Green- 
lee, Hargrove, Hicks, Holmes, Howard, Johnston, Jones of 
Caldwell, Jones of Rowan, Kelly, Lyon, McDuffie, McNeill of 
Cumberland, Miller, Moseley, Murrill, Osborne, Penland, Phi- 
fer, Reid, Rhodes, Royster, Ruffin, Schenck, Setzer, Shipp, 
Starbuck, Strange, Strong of Mecklenburg, Strong of Wayne, 
Sutherland, Thompson, Thornton, Turner, Warren, Williams, 
Williamson, Wilson, Woodfin and Wooten — 53. 



18 62.] STATE CONVENTION. 63 

Noes — Messrs. Battle of Wake, Berry, Bogle, Bond, Bry- 
son, Caldwell, Calloway, Cannon, Dick, Douthitt, Gorrell, Gra- 
ham, Hearne, Holden, Leak of Richmond, Long, Mann, Man- 
ning, Mebane, Merritt, Michal, Mitchell, Myers, Rayner, San- 
ders, Satterthwaite, Smith of Johnston, Smith of Macon, 
Sprouse, Thomas of Carteret, and Washington-*-31. 

Mr. Badger moved to reconsider the vote by which Mr. 
Gilmer's amendment was agreed to, and the motion prevailed. 

He then moved to amend by striking out the words, " shall 
be required," in the last proviso, on which the ayes and noes 
were ordered, and resulted in the negative, as follows : 

Ayes — Messrs. Berry, Brodnax, Calloway, Cannon, Gorrell, 
Graham, Hearne, Holden, Jones of Rowan, Long, Mann, Man- 
ning, Merritt, Mitchell, Murrill, Myers, Satterthwaite, Setzer 
and Smith of Macon — 19. 

Noes — Messrs. Battle of Edgecombe, Battle of Nash, Battle 
of Wake, Bryson, Bunting, Caldwell, Cunningham, Darden, 
Dickson, Douthitt, Edwards, Foster of Ashe, Fuller, Gilmer, 
Greenlee, Hargrove, Hicks, Holmes, Howard, Jones of Cald- 
well, Joyce, Leak of Richmond, McDowell of Madison, McDuffie, 
McNeill of Cumberland, Mebane, Michal, Miller, Moseley, 
Penland, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, 
Schenck, Sprouse, Starbuck, Strange, Strong of Mecklenburg, 
Strong of Wayne, Sutherland, Thomas of Jackson, Thompson, 
Thornton, Turner, Washington, Williams, Williamson, Wilson, 
Woodfin and Wooten — 53. 

The question again recurred upon Mr. Gilmer's amendment, 
on which the ayes and noes were ordered, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
nax, Bunting, Caldwell, Cunningham, Darden, Dickson, Douth- 
itt, Durham, Edwards, Foster of Ashe, Fuller, Gilmer, Greenlee, 
Hargrove, Hearne, Hicks, Holmes, Howard, Jones of Caldwell, 
Jones of Rowan, Joyce, Kelly, Leak of Richmond, Long, 
Lyon, McDowell of Madison, McDuffie, McNeill of Cumberland, 
Meares, Mebane, Miller, Moseley, Murrill, Penland, Rayner, 
Reid, Rhodes, Royster, Ruffin, Schenck, Starbuck, Strange, 
44 * 



64 JOURNAL OF THE [3d Session, 

Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
son, Thornton, Turner, Williams, Williamson, Wilson, Woodfin 
and Wooten — 53. 

Noes— Messrs, Battle of Wake, Berry, Bond, Bryson, Cal- 
loway, Cannon, Gorrell, Graham, Holden, Mann, Merritt, 
Michal, Mitchell, Myers, Sanders, Satterthwaite, Setzer, Smith 
of Macon, Sprouse, and Thomas of Jackson — 21. 

The Convention then took a recess. 



4 O'clock, P. M. * 

The Convention re-assembled and resumed the consideration 
of the business pending at the hour of recess. 

Mr. Howard moved to amend the third section by inserting, 
after the word " troops," in the third line, the words, " under 
the present requisition," and it was agreed to. 

He also moved to amend the 4th section by inserting the 
word "nor" after the word " captain," in the second line, and 
it was agreed to. 

Also to amend the 5th section by inserting after the word 
"service," in the third line, the words, "required by this sec- 
tion," which was agreed to. 

Mr. Merritt moved to strike out the section, on which the 
ayes and noes were ordered. 

Pending the consideration of this amendment, by consent, 
Mr. Holmes offered the following : 

Resolved, That the President of the Convention be requested 
to send by telegraph to the President of the Confederate States, 
the resolutions in relation to our coast defences, adopted on 
yesterday ; and it was agreed to. 

On motion of Mr. Warren, leave of absence was granted to 
Mr. Meares. 

On motion of Mr. Long, leave of absence for a few days was 
granted to James Page, Principal Doorkeeper. 

And then, on motion of Mr. Michal, the Convention adjourned. 



1862.] STATE CONVENTION. 65 



IN CONVENTION, Saturday, February 15, 1862. 

The Convention met, Hon. Wm. A. Graham in the chair, by 
written request of the President. Prayer by Rev. Frederick 
FitzGerald, of the P. E. Church. 

The journal of yesterday was read and approved. 

On motion of Mr. Thornton, leave of absence, after to-day, 
was granted to Mr. Williams. 

On motion of Mr. Strange, leave of absence was granted to 
Messrs. Bunting and Moseley, until Wednesday next. 

On motion of Mr. Gilmer, leave of absence was granted, for 
to-day, to Mr. Washington. 

Mr. Strange presented a communication from the committee 
of safety of Wilmington, which was ordered to lie on the table. 

He also offered the following : 

Resolved, That the Governor be, and he is hereby authorized 
to raise, by voluntary enlistment, not exceeding three companies 
of artillery, to serve at the batteries already erected, or which 
may hereafter be erected, on the Cape Fear River, below or at 
and in the vicinity of the town of Wilmington, and that the 
men constituting such companies be entitled to the same bounty, 
pay and allowances, as are, by law, allowed to companies in 
the service of the Confederate States. 

Resolved, further, That the Governor be authorized to appoint 
captains and lieutenants to recruit such companies ; the term of 
service of such companies to be for twelve months, or three 
years or the war, unless sooner discharged by the Governor. 

On motion of Mr. Reid, the rules were suspended, and the 
resolutions put upon their passage. 

Mr. Ruffin moved to amend as follows : 

Resolved further, That such forces, when raised, shall be 
tendered to the President of the Confederate .States, and if 
accepted, shall be transferred accordingly ; which was agreed to. 

Mr. Strange now moved that the resolutions lie on the table, 
which was not agreed to. 

The resolutions, as amended, were then adopted. 



66 JOURNAL OF THE [3d Session, 

Mr. Gilmer, from the committee on that subject, reported an 
ordinance to complete the Cape Fear and Deep River Improve- 
ment, which passed its first reading, and the report, with the 
ordinance, ordered to be printed. 

Mr. Mebane offered a resolution in relation to the defects in 
the revenue laws of the State, which was agreed to. 

Mr. Berry introduced an ordinance to prohibit for a limited 
time the manufacture of spirituous liquors from grain, which 
passed its first reading. 

Mr. Michal introduced an ordinance to restrict the distillation 
of grain, which passed its first reading. 

Mr. Schenck introduced an ordinance for the suppression of 
distillation, which passed its first reading. 

On motion of Mr. Satterthwaite, the Convention went into 
the consideration of the ordinance to provide for the assumption 
and payment of the Confederate tax. 

Mr. Woodfin moved to amend as follows : 

Be it further ordained. That in payment of the Treasury 
notes hereby authorized, or of the bonds in which they may be 
funded, the funds of the Treasury derived from the ordinary 
subjects of taxation, shall not be used, but the same shall be 
raised by a tax on the same subjects of taxation, with the same 
exemptions that are made in the Act of the Confederate Con- 
gress imposing said tax, so that the white polls and persons 
whose estates do not exceed five hundred dollars shall not be 
liable to pay any part thereof ; and those who have money in 
possession or on deposit, shall be liable as under said act of 
Congress. 

Be it further ordained, That for the purpose of raising the 
money to pay said Treasury notes, or bonds, in which they may 
be funded, an additional tax list shall be made out, setting 
forth only the subjects of taxation enumerated in the said act 
of the Confederate Congress, and the Treasurer shall open and 
keep a separate account of said fund. 

The amendments were adopted. 

Mr. Satterthwaite moved to amend as follows : — In the 
second section, strike out the words, " aggregate amount," and 



1802.] STATE CONVENTION. 6T 

insert, "sufficient to provide for the payment," which was 
agreed to. 

The question now recurring on the passage of the ordinance 
as amended on the second reading, the ayes and noes were 
ordered, on motion of Mr. Satterthwaite, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Berry, 
Bogle, Brodnax, Bryson, Caldwell, Calloway, Cannon, Chris- 
tian, Councill, Cunningham, Darden, Dick, Dickson, Durham, 
Foster of Ashe, Fuller, Gorrell, Greenlee, Hargrove, Hicks, 
Houston, Howard, Jones of Caldwell, Jones of Rowan, Joyce, 
Kelly, Leak of Richmond, Long, Lyon, Mann, McDowell of 
Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
Murrill, Myers, Osborne, Phifer, Reid, Rhodes, Royster, Sat- 
terthwaite, Schenck, Shipp, Smith of Macon, Sprouse, Star- 
buck, Strange, Strong of Mecklenburg, Strong of Wayne, 
Sutherland, Thomas of Carteret, Thompson, Thornton, Turner, 
Warren, Williams, Wilson, Woodfin and Wooten — 63. 

Noes — Messrs. Allison, Battle of Wake, Brown, Hearne, 
Holden, Manning, Mebane, Merritt, Penland, Ruffin and Set- 
zer — 11. 

On motion, the rules were suspended, the ordinance read the 
third time and passed, and ordered to be enrolled. 

Mr. Satterthwaite moved to reconsider the vote by which the 
ordinance passed the third reading, and it was not agreed to. 

Mr. Shipp moved to reconsider the vote by which the Con- 
vention passed the resolutions of Mr. Strange, and the motion 
prevailed. 

Mr. Strange then moved to strike out of the resolution the 
words inserted on motion of Mr. Ruffin, and it was agreed to. 

The resolutions, as amended, were then adopted and ordered 
to be enrolled. 

Mr. Miller offered a resolution providing for the payment of 
the Confederate tax collectors, which lies over one day. 

On motion of Mr. Howard, the Convention then proceeded 
to the consideration of the ordinance reported by the commit- 
tee on Military Affair3. 



68 JOURNAL OF THE [3d Session, 

He moved to amend the 5th section by striking out the 

words, " with the rank and pay of during the time of 

service, "' which was agreed to. 

The question then recurred on the motion of Mr. Merritt to 
strike out the section, and it was agreed to. 

Mr. Jones, of Rowan, now moved to insert, in lieu of the sec- 
tion just struck out, the following : " The Governor shall call 
upon the several captains of volunteer companies from North 
Carolina, now in the field, or other officers in command, to mus- 
ter their said companies for re-enlistment, and shall make 
known to them the earnest desire of this Convention, and of 
the people of this State, that they shall enlist for three years 
or for the war; and, in order to forward this purpose, the cap- 
tains of companies, or officers in command, on the occasion of 
such muster, shall put the question distinctly to every officer 
and soldier belonging thereto, whether he will enlist for three 
years or the war, or not ; and those agreeing so to re-enlist, he 
will cause to subscribe a roll containing such obligation, with 
their names and places of residence at the time of their entry 
into service, and the signature of the person so enlisting shall 
be as binding as if he had been mustered into service ; which 
list he will immediately return to the office of the Adjutant 
General of the State." 

Mr. Starbuck moved to amend the amendment as follows : 
That the Governor shall, as soon as practicable, by proclama- 
tion, require each captain in the service, on or before the 15th 
of March next, to return to the Adjutant General a list of all 
the officers and men under his command, with the county of the 
residence of each, at the time of his entry into service. 

The Governor shall also make known in his proclamation to 
each company of twelve months men the bounty provided by 
this ordinance and the Act of the Confederate Congress, to be 
paid to each' person who shall re-enlist for three years or during 
the war, and that they shall be permitted to elect their own 
officers. He shall further inform them in his proclamation of 
the action of this Convention, urging the Confederate Congress 
to provide pensions or bounties for the widows and children of 



1862.] STATE CONVENTION. 69 

those who die in the service ; and the Governor shall furnish 
each Captain for distribution among his men, ten copies of said 
proclamation. 

That within thirty days from the time that each company 
shall be furnished as aforesaid, with the Governor's proclama- 
tion, he shall cause such company to be mustered for re-enlist- 
ment, by the officers commanding the same ; who shall submit 
to each volunteer the question whether he will re-enlist or not, 
and shall make out an accurate company roll of the names of 
all who re-enlist, and return the same forthwith to the Adjutant 
General. 

That on the day on which the term of any volunteer company 
shall expire, or as soon thereafter as may be, the volunteers so 
re-enlisting, among themselves, or with any new volunteers, 
shall proceed to organize their company and elect their officers ; 
and each volunteer thus re-enlisting shall have credit for the 
time he may have already served. 

The question was put and the amendment was not adopted. 

The question recurred on the amendment of Mr. Jones, and 
it was agreed to. 

On motion of Mr. Smith, of Macon, the 6th and 7th sections 
were merged into one, and the word " other," in the last clause, 
was stricken out. 

Mr. Howard moved to amend the next section by inserting 
after the word "volunteers," the words, "not re-enlisting in 
their present organization," and add, " and the company com- 
missioned officers shall elect their field officers," and the 
amendments were agreed to. 

Mr. Jones, of Rowan, moved to add the following : " and 
the commissions of officers re-appointed, shall bear the date of 
their former commissions," and it was agreed to. 

Mr. Howard offered the following as a new section : 

" That the Governor shall have power to appoint captains 
and lieutenants to recruit men for the service as aforesaid, and 
to organize the men so recruited into companies and regiments, 
and the company commissioned officers shall, in all cases, elect 
their field officers, under the rules now prescribed : Provided, 



70 JOURNAL OF THE [3d Session, 

however, That no person under such appointment shall receive 
a commission or pay, except as follows : When a person ten- 
ders forty privates, who, in writing, shall have agreed to serve, 
under him, a captain's commission ; twenty-five privates, a first 
lieutenant's commission ; and fifteen privates, a second lieuten- 
ant's commission." The amendment was adopted. 

[A message was received from His Excellency, the Governor, 
at the hands of his Private Secretary.] 

Mr. Lyon moved to amend the 8th section of the ordinance, 
as follows: "That the sum of four dollars per month shall be 
paid by the State to all privates, non-commissioned officers and 
musicians, volunteering for the war, during the whole term of 
actual service, which amendment was not agreed to. 

Mr. Howard moved to amend by inserting after tho word, 
"bounty," the words, "deducting the bounty already paid," 
which was agreed to; also, add as follows: "Provided, how- 
ever, that any soldier may permit his bounty to remain*in the 
Treasury, and draw the same with interest at the end of the 
year from the time it is due, or at the time of his discharge," 
which was also agreed to. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported, as correctly enrolled, the resolutions relating to the 
defenses at or near Wilmington, and the same were duly ratified. 

The consideration of the pending ordinance was then resumed. 

Mr. Hargrove moved to amend the seeond proviso, by striking 
out the words, " or during the war," and inserting, " but to bo 
sooner discharged in case the present war terminates before the 
expiration of that time," and it was agreed to. 

The ordinance then passed the second reading as amended, 
and was ordered to be printed. 

On motion of Mr. Battle, of Wake, leave of absence until 
Tuesday next, was granted to Mr. Sanders. 

On motion of Mr. Cunningham, leave of absence was granted 
to Messrs. Hargrove and Boyster ; on motion of Mr. Strong, to 
Mr. Greenlee from and after Monday ; on motion of Mr. Cald- 
well, to Mr. McDowell, of Madison ; and to Mr. Strange until 
Wednesday, on motion of Mr. Howard. 



1862.] STATE CONVENTION. 71 

On motion of Mr. Bond, the doors were closed, and the Con- 
vention remained in secret session for some time. When the 
doors were again opened, 

On motion of Mr. Graham, the Convention adjourned. 



IN CONVENTION, Monday, February 17, 1862. 

The Convention met, Hon. W. A. Graham in the Chair. 

The journal of Saturday was read and approved. 

The President announced that he had received a dispatch from 
the President of the Confederate States, whereupon, on motion 
of Mr. Reid, the Convention proceeded to sit with closed doors. 

After remaining some time in secret session, the doors were 
again opened. 

Mr. Christian moved to take up the ordinance in relation to 
the Cheraw and Coalfields Railroad. 

Mr. Schenck moved to lay that motion on the table, on which 
the ayes and noes were ordered, on motion of Mr. Cunningham, 
and resulted in the affirmative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Battle 
of Wake, Brown, Calloway, Councill, Cunningham, Darden, 
Dickson, Durham, Fuller, Greenlee, Hargrove, Hicks, Houston, 
Howard, Jones of Caldwell, Jones of Rowan, Kelly, Leak of 
Richmond, Lyon, McDowell of Madison, McDuffie, Michal, 
Mitchell, Osborne, Penland, Rhodes, Ruffin, Satterthwaite, 
Schenck, Setzer, Shipp, Smith of Johnston, Sprouse, Strong 
of Mecklenburg, Sutherland, Turner, Warren, Williams and 
Wooten — 41. 

Noes — Messrs. Allison, Badger, Berry, Bogle, Brodnax, 
Cannon, Christian, Douthitt, Foster of Ashe, Foster of Ran- 
dolph, Gilmer, Gorrell, Graham, Hearne, Headen, Holden, 
Joyce, Long, Mann, Manning, Murrill, Myers, Phifer, Reid, 
Spruill of Tyrrell, Starbuck, Wilson and Woodfin — 29. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, the ordinance to provide for the 
assumption and payment of the Confederate tax, and the same 
was duly ratified in open Convention. 
45 



72 JOURNAL OF THE [3d Session, 

Mr. Schenck oflered the following : 

Resolved, That the Quartermaster and Commissary at Raleigh, 
and other Railroad connections, if in their power, be directed to 
furnish all volunteers who may be necessarily detained at such 
points, food and lodging during such necessary detention, and 
be allowed the cost of the same in the settlement of their 
accounts ; and the resolution was adopted. 

The ordinance to provide for the office of Lieutenant-Governor 
was then read the second time. 

Mr. Woodfin moved that it lie on the table, on which the ayes 
and noes were ordered, on motion of Mr. Jones, of Rowan, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Berry, 
Bogle, Bond, Brown, Caldwell, Calloway, Cunningham, Darden, 
Dickson, Douthitt, Durham, Graham, Greenlee, Hargrove, 
Hearne, Headen, Hicks, Howard, Jones of Caldwell, Jones of 
Rowan, Kelly, Long, Lyon, McDowell of Madison, McDuffie, 
Michal, Miller, Murrill, Osborne, Penland, Phifer, Reid, Ruffin, 
Satterthwaite, Schenck, Setzer, Shipp, Strong of Mecklenburg, 
Sutherland, Thomas of Carteret, Thornton, Williams, William- 
son, Woodfin and Wooten — 47. 

Noes — Messrs. Allison, Badger, Battle of Wake, Brodnax, 
Cannon, Christian, Councill, Foster of Ashe, Foster of Ran- 
dolph, Fuller, Gilmer, Gorrell, Holden, Houston, Joyce, Mann, 
Manning, Mitchell, Myers, Rhodes, Smith of Johnston, Smith 
of Macon, Sprouse, Spruill of Tyrrell, Starbuck, Turner, Warren 
and Wilson— 29. 

Mr. Woodfin moved to take up the resolution introduced some 
days ago by Mr. Reid, relating to discussion, and the recess of 
the Convention, which was agreed to. 

[By consent, Mr. Battle, of Wake, from the committee on 
Enrollments, reported, as correctly enrolled, the resolution of 
Mr. Schenck, passed this morning, in relation to detained vol- 
unteers, and the same was duly ratified.] 

Resuming the pending question, Mr. Reid withdrew his first 
resolution. k 

Mr. Long moved to fill the blank with "the third Monday in 
May," which was not agreed to. 



1862.] STATE CONVENTION. 73 

Mr. Smith, of Johnston, moved to insert " the first Monday 
in August," which was not agreed to. 

Mr. Michal moved to insert " the first Monday in May," 
which was not agreed to. 

He then moved to insert "third Monday in April," which 
was agreed to. 

Mr. Gilmer moved to strike out, "Friday, 21st," and insert, 
"Friday, 28th." 

Mr. Satterthwaite moved to lay the whole subject on the 
table, on which the ayes and noes were ordered, on motion of 
Mr. Setzer, and resulted the negative — there being a tie vote, 
as follows : 

Ayes — Messrs. Allison, Badger, Battle of Edgecombe, Battle 
of Nash, Battle of Wake, Berry, Calloway, Christian, Council!, 
Dickson, Fuller, Gilmer, Gorrell, Holden, Howard, Jones of 
Rowan, Joyce, Leak of Richmond, Long, Mann, Manning, 
McDuffie, Meares, Mitchell, Osborne, Phifer, Rhodes, Satter- 
thwaite, Schenck, Shipp, Smith of Macon, Sprouse, Starbuck, 
Strong of Mecklenburg, Turner, Warren and Wilson — 37. 

Noes — Messrs. Bogle, Brodnax, Brown, Caldwell, Cannon, 
Cunningham, Darden, Douthitt, Durham, Foster of Ashe, Fos- 
ter of Randolph, Graham, Greenlee, Hargrove, Hearne, Headen, 
Hicks, Houston, Jones of Caldwell, Kelly, Lyon, McDowell of 
Madison, Michal, Miller, Murrill, Penland, Reid, Rufiin, Setzer, 
Smith of Johnston, Sutherland, Thomas of Carteret, Thornton, 
Williams, Williamson, Woodfin and Wooten — 37. 

The question recurred on the amendment offered by Mr. 
Gilmer, on which the ayes and noes were ordered, on motion of 
Mr. Dafrden, and resulted in the negative, as follows: 

Ayes — Messrs. Allison, Badger, Battle of Wake, Brodnax, 
Calloway, Christian, Councill, Foster of Randolph, Gilmer, 
Gorrell, Holden, Joyce, Leak of Richmond, Long, Mann, Man- 
ning, Murrill, Osborne, Rhodes, Smith of Macon, Sprouse, 
Starbuck, Thomas of Carteret, Turner, Warren and Wilson — 26. 

Noes — Messrs. Battle of Edgecombe, Battle of Nash, Berry, 
Bogle, Bond, Brown, Caldwell, Cunningham, Darden, Dickson, 
Douthitt, Durham, Foster of Ashe, Fuller, Graham, Greenlee, 



74 JOURNAL OF THE [3d Session, 

Hargrove, Ilearne, Headen, Hicks, Houston, Howard, Jones of 
Caldwell, Jones of Rowan, Kelly, Lyon, McDowell of Madison, 
McDuffie, Micbal, Miller, Penland, Phifer, Reid, Ruffin, Sat- 
terthwaite, Schenck, Setzer, Shipp, Smith of Johnston, Strong 
of Mecklenburg, Sutherland, Thornton, Williams, Williamson, 
Woodfin and Wooten— 46. 

Mr. Reid moved to strike out "21st" and insert "22d." 
Mr. Jones, of Rowan, moved to amend the amendment, by 
inserting "25th" instead of "22d." 

Pending the consideration of which, the hour arrived, and the 
Convention took a recess. 



4 O'clock, P. M. 

Mr. Ruffin, from the Judiciary committee, reported an ordi- 
nance in relation to the Judicial Department of this State, 
which passed its first reading. 

Mr. Gilmer offered an amendment to the rules, providing for a 
call of the previous question on all subjects under debate in the 
Convention ; which lies over one day. 

The Convention resumed the consideration of the matter 
pending at the hour of recess, the question being on the amend- 
ment offered by Mr. Jones, of Rowan, on which the ayes and 
noes were ordered, on motion of Mr. Schenck, and resulted in 
the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Battle of Nash, Battle of 
Wake, Bogle, Brodnax, Calloway, Cannon, Christian, Councill, 
Dickson, Foster of Ashe, Fuller, Gilmer, Hicks, Holden, Jones 
of Rowan, Joyce, Leak of Richmond, Long, Mann, Manning, 
McDuffie, McNeill of Cumberland, Miller, Mitchell, Murrill, 
Phifer, Rhodes, Ruffin, Shipp, Smith of Johnston, Smith of 
Macon, Sprouse, Starbuck, Thomas of Carteret, Turner, War- 
ren and Wilson — 39. 

Noes — Messrs. Berry, Caldwell, Cunningham, Darden, Douth- 
itt, Durham, Graham, Greenlee, Hargrove, Hearne, Headen, 
Houston, Howard, Jones of Caldwell, Kelly, Lyon, McDowell of 



1862.] STATE CONVENTION. 75 

Madison, Michal, Pcnland, Reid, Satterthwaitc, Schenck, Set- 
zer, Strong of Mecklenburg, Sutherland, Thornton, Williamson, 
Woodfin and Wooten — 29. 

Mr. Reid offered the following amendment: "Unless sooner 
convened by the President, or in case of his death or resigna- 
tion, subject to be convened at the call of Messrs. Ruffin, Bad- 
ger, Graham, Osborne and Brown, members of the Convention, 
or any three of them," and it was agreed to. 

Mr. Dardcn moved to strike out all after the words, " Tues- 
day next," on which the ayes and noes were ordered, on motion 
of Mr. Badger, and resulted in the negative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Cald- 
well, Cunningham, Darden, Dickson, Durham, Foster of Ashe, 
Greenlee, Hargrove, Hicks, Howard, Lyon, McDowell of Madi- 
son, McDuffie, Michal, Miller, Mitchell, Murrill, Penland, Reid, 
Schenck, Setzer, Smith of Johnston, Strong of Mecklenburg, 
Sutherland, Thornton, Williams and Wooten — 29. 

Noes — Messrs. Allison, Badger, Battle of Wake, Berry, Bo- 
gle, Brodnax, Calloway, Cannon, Christian, Councill, Douthitt, 
Fuller, Gilmer, Gorrell, Graham, Hearne, Headen, Holden, 
Houston, Jones of Caldwell, Jones of Rowan, Joyce, Kelly, 
Leak of Richmond, Long, Mann, Manning,. McNeill of Cum- 
berland, Phifer, Rhodes, Ruffin, Satterthwaite, Smith of Macon, 
Sprouse, Starbuck, Thomas of Carteret, Turner, Warren, Wil- 
liamson, Wilson and Woodfin — 41. 

The question recurred on the passage of the resolution as 
amended, on which the ayes and noes were ordered, on motion 
of Mr. Manning, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Battle of Edgecombe, Battle of 
Nash, Bogle, Bond, Brodnax, Brown, Calloway, Christian, 
Councill, Cunningham, Darden, Dickson, Douthitt, Durham, 
Foster of Ashe, Graham, Hargrove, Hearne, Headen, Hicks, 
Holden, Houston, Jones of Caldwell, Jones of Rowan, Joyce, 
Kelly, Leak of Richmond, Long, Lyon, McDowell of Madison, 
McDuffie, McNeill of Cumberland, Michal, Miller, Murrill, 
Osborne, Phifer, Reid, Rhodes, Ruffin, Setzer, Smith of Macon, 
Starbuck, Strong of Mecklenburg, Sutherland, Thomas of Car- 



76 JOURNAL OF THE [3d Session, 

teret, Thornton, Williams, Williamson, Wilson, Woodfin and 
Wooten— 53. 

Noes — Messrs. Badger, Battle of Wake, Berry, Caldwell, 
Cannon, Fuller, Gorrell, Mann, Manning, Mearcs, Mitchell, 
Penland, Satterthwaite, Schenck, Shipp, Smith of Johnston, 
Sprouse, Turner and Warren — 19. 

By consent, Mr. Michal offered the following : 

Resolved, That from and after to-day, this Convention will 
meet at 7 o'clock, P. M., after taking a recess at the close of 
the afternoon session. Lies over one day. 

Mr. Howard moved that the Convention proceed to the con- 
sideration of the ordinance reported by the Military Committee, 
on which the ayes and noes were ordered, on motion of Mr. 
Badger, and resulted in the affirmative, as follows: 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Battle 
of Wake, Berry, Bogle, Bond, Brodnax, Brown, Caldwell, Cal- 
loway, Cannon, Councill, Cunningham, Darden, Dickson, Douth- 
itt, Durham, Fester of Ashe, Fuller, Gorrell, Graham, Har- 
grove, Hearne, Headen, Hicks, Holden, Howard, Jones of Cald- 
well, Joyce, Kelly, Leak of Richmond, Long, Lyon, McDowell 
of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
Mitchell, Murrill, Osborne, Penland, Phifer, Reid, Rhodes, 
Ruffin, Satterthwaite, Schenck, Setzer, Shipp, Smith of John- 
ston, Starbuck, Strong of Mecklenburg, Sutherland, Thornton, 
Turner, Williams, Williamson, Woodfin and Wooten — 60. 

Noes — Messrs. Allison, Badger, Christian, Jones of Rowan, 
Meares, Smith of Macon, Sprouse, Warren and Wilson — 0. 

Mr. Graham moved to amend the 4th section of the ordinance 
by inserting after the word, "command," in the 4th line, the 
words "of companies," which was agreed to. 

He moved to amend further by striking out the 7th section. 

Mr. Gorrell moved to amend the said 7th section as follows : 
Provided further, that such payments may be made in treasury 
notes, unless otherwise provided by law ; which was agreed to. 

Mr. Howard moved to amend the same section by striking out 
the words, "who shall serve," and inserting the words, "whose 
term of service shall be," which was agreed to. 



1862.] STATE CONVENTION. 77 

The question then recurring on the motion of Mr. Graham to 
strike out the section, the ayes and noes were ordered, on motion 
of Mr. Howard, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Badger, Berry, Calloway, Council!, 
Graham, Kelly, Manning, Mitchell, Ruffin, Satterthwaite and 
Sprouse — 12. 

Noes — Messrs. Battle of Edgecombe, Battle of Nash, Battle 
' of Wake, Bogle, Bond, Brodnax, Brown, Caldwell, Cannon, 
Cunningham, Darclen, Dickson, Douthitt, Durham, Foster of 
Ashe, Foster of Randolph, Foy, Fuller, Gorrell, Green, Green- 
lee, Hargrove, Headen, Hicks, Holden, Houston, Howard, Jones 
of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Richmond, 
Long, Lyon, McDowell of Madison, McDuffie, Meares, Mebane, 
Michal, Miller, Murrill, Myers, Osborne, Penland, Phifer, Reid, 
Rhodes, Royster, Schenck, Setzer, Shipp, Smith of Johnston, 
Starbuck, Strong of Mecklenburg, Sutherland, Thornton, 
Turner, Warren, Williams, Williamson, Wilson, Woodfin and 
Wooten— 63. 

Mr. Myers moved that the Convention do now adjourn, and 
it was not agreed to. 

Mr. Green moved to amend the seeond section of the ordi- 
nance under consideration, by inserting before the word "and," 
the words, "one-third of," and it was not agreed to. 

Mr. Starbuck moved to amend section 4, line 3, by inserting, 
after the word "field," the words, "for twelve months," which 
was agreed to. 

The question was then put on the final passage of the ordi- 
nance, and decided in the affirmative. 

Mr. Howard moved to reconsider the vote by which the above 
ordinance passed the third reading, and the motion did not pre- 
vail. 

On motion of Mr. Setzer, the Convention adjourned. 



78 JOURNAL OF THE [3d Session, 



IN CONVENTION, Tuesday, February 18, 1862. 

The Convention met, Hon. William A. Graham in the Chair. 

The journal of yesterday was read and approved. 

On motion of Mr. Fuller, leave of absence was granted to 
Mr. Sutherland. 

On motion of Mr. Michal, the resolution introduced by him 
on yesterday, in relation to the sessions of the Convention, was 
then taken up for consideration. 

Mr. Satterthwaite moved to amend, by providing that the 
morning session expire at three o'clock, with a recess until seven. 

On motion of Mr. Dickson, the resolution was ordered to lie 
on the table. 

Mr. Starbuck introduced an ordinance concerning the organ- 
ization of the drafted militia, which passed its first reading. 

The President laid before the Convention a communication 
from the Board of Claims, which, on motion of Mr. Reid, was 
referred to a select committee. 

Mr. Long moved that the document accompanying be printed. 
On this question, the ayes and noes were ordered, on motion of 
Mr. Badger, and resulted as follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Battle of Nash, 
Battle of Wake, Berry, Bond, Calloway, Cannon, Councill, 
Cunningham, Douthitt, Foster of Ashe, Foster of Randolph, 
Graham, Green, Greenlee, Keadcn, Howard, Jones of Caldwell, 
Jones of Rowan, Kelly, Kittrell, Long, Lyon, Manning, McDuflfie, 
McNeill of Cumberland, Murrill, Myers, Thifer, Reid, Rhodes, 
Roystcr, Shipp, Smith of Johnston, Speed, Sprouse, Spruill of 
Tyrrell, Starbuck, Thornton, Warren, Williams, Wilson and 
Wooten— 44. 

Noes — Messrs. Allison, Bogle, Brodnax, Brown, Darden, 
Dickson, Durham, Foy, Fuller, Gorrell, Hcarnc, Hicks, Holden, 
Houston, Joyce, Leak of Richmond, Mann, McDowell of Madi- 
son, Mebane, Michal, Miller, Mitchell, Pcnland, Ruffin, Satter- 
thwaite, Schenck, Setzer, Smith of Macon, Strong of Mecklen- 
burg, Sutherland, Thomas of Jackson, Turner and Woodfin — 33. 

The rule on yesterday introduced by Mr. Gilmer, was now 
taken up for consideration. 



186':,] STATE CONVENTION. n 

Mr. Howard moved that it lie on the table. 

On this question the ayes and noes were ordered, on motion 
of Mr. Badger, and resulted as follows : 

Ayes — Messrs. Allison, Battle of Edgecombe, Battle of Nash, 
Battle of Wake, Berry, Bond, Calloway, Cannon, Dickson, 
Douthitt, Foy, Fuller, Graham, Headen, Houston, Howard, 
Jones of Caldwell, Kelly, Leak of Richmond, Long, Mann, 
Manning, McDowell of Madison, McDufiie, McNeill of Cumber- 
land, Mebane, Murrill, Myers, Penland, Rhodes, Ruffin, Satter- 
thwaite, Setzer, Shipp, Speed, Sprouse, Starbuck, Strong of 
Mecklenburg, Sutherland, Thornton, Turner, Woodfin and 
Wooten — 43. 

Noes — Messrs. Badger, Brown, Cunningham, Darden, Dur- 
ham, Gorrell, Green, Greenlee, Hicks, Holden, Jones of Rowan, 
Joyce, Michal, Miller, Mitchell, Osborne, Phifer, Reid, Schenck, 
Smith of Johnston, Thomas of Jackson, Warren, Williams, 
Williamson and Wilson — 25. 

Mr. Woodfin moved to take up for consideration the resolution 
in relation to the issue of Bonds to the Western North Carolina 
Railroad Company. 

On motion of Mr. Badger, said motion was ordered to lie on 
the table. 

On motion of Mr. Woodfin, the committee on Finance was 
authorized to sit during the Convention. 

The President announced that he had received a communi- 
cation : whereupon, on motion of Mr. Badger, the Convention 
proceeded to sit with closed doors. After so remaining for some 
time, the doors were opened, and the Convention took a recess 
until 4 o'clock, P. M. 



4 O'clock, P. M. 

The Convention met. The President announced the following 
Committees : 

On the Report of the Board of Claims — Messrs. Mebane ? 
Long, Miller, Williamson and Phifer. 
46 



80 JOURNAL OF THE [3d Smmx. 

On the Governor** Oommunioation—McssYs. Osborne, Mc- 
Duffie, Foster of Randolph, Warren and Brown. 

Mr. Leak, of Richmond, moved to take up the ordinance 
reported by him, in relation to the distillation of grain ; which 
was agreed to. 

The ordinance having been read, he moved to amend by 
striking out all after the ordaining clause, and inserting in lieu 
thereof an ordinance in substance prohibiting the distillation of 
liquor from grain after twenty days from the passage of the 
ordinance, for one year, subject, however, to repeal by the Gen- 
eral Assembly : the punishment in case of conviction, to be a 
■fine of not less than five hundred dollars, and imprisonment 
not less than one month ; also making it the duty of the Judge 
of the Superior Court to give the ordinance in charge to the 
Grand Jury. 

Mr. Berry moved to amend the amendment by striking out all 
after the ordaining clause, providing for the prohibition of the 
manufacture from the 15th of March until the 4th Monday of 
November, punishing offenders by fine or imprisonment, the 
fine to be not less than $100, and the imprisonment not less 
than thirty days, and a forfeiture for each offence of $1,000, 
one-half to the person who shall sue for the same, and the other 
half to the poor of the county. 

The amendment to the amendment prevailed, and the question 
recurring on the passage of the ordinance, as amended, its 
second reading, it was agreed to. 

On motion, the rules were suspended, and the ordinance read 
the third time. 

Mr. Michal moved to amend by striking out all after the 
ordaining clause and inserting a substitute, providing that the 
price of all liquors distilled from grain, after the ratification of 
the ordinance, shall be limited to seventy-five cents per gallon, 
and each gallon sold or exchanged for a greater price shall subject 
the seller or exchanger to a forfeiture of $500 for each offence. 
Providing, also, that each distiller shall render, on oath, a list of 
the persons to whom he has sold liquor, the number of gallons 
sold, and bushels of grain distilled within twelve months, and pay 



1862.] STATE CONVENTION. 81 

a tax of twenty-five cents a gallon on all he has sold. Providing, 
also, that any distiller who shall make a false list shall be guilty 
of misdemeanor, and on conviction, pay a fine of $500, and bo 
imprisoned for six months. Providing, also, that any person 
who shall carry or cause to be carried out of the State, any 
liquor limited in price by this ordinance, or sell to a non-resi- 
dent, or act as the agent of such for the purchase of spirits, 
shall be guilty of a misdemeanor, and on conviction, pay a fine 
of not less than $500, and be imprisoned not less than six 
months for each offence. Providing, also, that any person who 
shall deliver or transfer the possession of such spirits or liquor as 
has been limited in price by this ordinance, in pursuance of any 
bargain, contract or engagement, made beyond the jurisdiction of 
the courts of the county in which said spirits or liquor has been 
delivered or transferred, and shall receive a greater considera- 
tion than seven-five cents per gallon for the same, he shall be 
tried in the county where such dealing or transfer Avas made, 
and on conviction, shall pay a fine of not less than $500, and 
be imprisoned not less than six months. Providing, further, 
that the ordinance shall be in force during the war, and no longer. 
To perfect the ordinance, prior to the question on the amend- 
ment, Mr. Graham moved to strike out all that part relating to 
a forfeiture, which was agreed to. 

The question now recurring on the amendment of Mr. Michal, 
the ayes and noes were ordered, on motion of Mr. Battle, of 
Nash, and resulted as follows : 

Ayes — Messrs. Battle of Edgecombe, Brown, Cunningham, 
Douthitt, Holden, Kelly, Lyon, McDowell of Madison, Michal, 
Mitchell, Osborne, Phifer, Sanders, Shipp, Smith of Johnston, 
Spruill of Tyrrell, and Turner — 17. 

Noes — Messrs. Allison, Badger, Battle of Nash, Battle of 
Wake, Berry, Bogle, Caldwell, Calloway, Camion, Christian, 
Dickson, Foster of Ashe, Foster of Randolph, Foy, Fuller, 
Gorrell, Graham, Green, Greenlee, Hearne, Headen, Ilicki', 
Houston, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, 
Leak of Richmond, Long, Mann, Manning, McDuffie, McNeil! 
of Harnett, Meares, Mebane, Miller, Murrill, Myers, Held, 



82 JOURNAL OF THE [3d Session, 

Rhodes, Royster, Ruffin, Schenck, Setzer, Smith of Macon, 
Speed, Sprouse, Starbuck, Strong of Mecklenburg, Thomas of 
Jackson, Thornton, Warren, Washington, Williams, Wilson and 
Wooten— 57. 

Mr. Battle moved to amend by striking out "the 4th 
Thursday in November"; which was not agreed to. 

Mr. Gorrell moved to amend by striking out all after the 
ordaining clause, and inserting an ordinance providing for a tax 
of twenty-five cents a gallon on each gallon distilled from grain, 
requiring each distiller to render, on oath, the number of gallons 
distilled, subjecting each distiller failing to render the list to a 
forfeiture of five hundred dollars, and making false swearing as 
to the number of gallons, perjury. 

On motion of Mr. Shipp, the Convention adjourned. 



IN CONVENTION, Wednesday, February 19, 1862. 

The Convention met, the President in the Chair. 

The journal of yesterday was read and approved. 

Mr. Graham presented a petition from the officers of the 19th 
Regiment North Carolina Troops, Col. Spruill, asking that the 
regiment be supplied with horses, arms and accoutrements, 
which, on his motion, was referred to a select committee. 

The President appointed the following : Messrs. Graham. 
Woodfin, Schenck, Barnes and Cunningham. 

Mr. Battle, of Wake, offered a resolution authorizing a loan 
to Tappey & Lumsden, to insure the establishment of an iron 
manufactory in the county of Nash, which, on his motion, was 
referred to a select committee. 

The President appointed Messrs. Battle of Wake, Bogle, 
Allison, Thomas of Carteret, and Washington. 

The unfinished business of yesterday was now taken up, tho 
question being on the amendment proposed by Mr. Gorrell. 

Mr. Gorrell withdrew his amendment, and offered another, 
providing, in addition, for a tax of ten cents on each gallon of* 
liquor distilled from fruit, reserving the money arising from 



1862.] STATE CONVENTION. 83 

fines and forfeitures to reimburse the Treasury for bounties paid 
to soldiers ; and giving power to the General Assembly to 
repeal or modify the ordinance ; it also provides a tax of fifty 
cents on each gallon of liquor brought into the State. 

On this question the ayes and noes were ordered, on motion 
of Mr. Green. 

Mr. Jones, of Rowan, asked a division of the question, and 
the vote was first taken on striking out, and resulted in the 
negative, as follows : 

Ayes — Messrs. Allison, Battle of Nash, Brodnax, Brown, 
Calloway, Christian, Douthitt, Durham, Foster of Ashe, Foster 
of Randolph, Gilmer, Gorrell, Headen, Holden, Jones of Rowan, 
Joyce, Kelly, Long, McDowell of Madison, McDuffie, McNeill 
of Cumberland, Mebane* Michal, Mitchell, Murrill, Osborne, 
Phifer, Reid, Rivffin, Satterthwaite, Setzer, Shipp, Sprouse, 
Starbuck, Williamson, Wilson and Wooten — 87. 

Noes — Messrs. Badger, Battle of Edgecombe, Battle of 
Wake, Berry, Bogle, Caldwell, Cannon, Cunningham, Darden, 
Dick, Dickson, Edwards, Foy, Fuller, Graham, Green, Hearne 
Hicks, Holmes, Houston, Kittrell, Leak of Richmond, Lyon, 
Mann, Manning, McNeill of Harnett, Meares, Miller, Pen- 
land, Rhodes, Sanders, Schenck, Smith of Johnston, Smith of 
Macon, Speed, Strange, Strong of Mecklenburg, Stron^ of 
Wayne, Sutherland, Thomas of Jackson, Thompson, Thornton, 
Turner, Warren, Washington and Woodfm — 47. 

Mr. Sprouse moved to amend by adding that manufacturers 
of cotton yarns and cloth, should not sell yarns at more than 
thirty cents per pound, shirtings at more than fifteen cents, and 
osnaburgs at more than twenty cents per square yard ; pro- 
viding also that they shall neither sell their products out of the 
State, nor to non-residents, the penalties for violations of this 
part of the ordinance, for first offense, of a fine of not less than 
one hundred dollars, and for the second offense, imprisonment 
of not more than cne month. 

The hour liaving arrived, the Convention took a recess. 



84 JOURNAL OF THE [3d Session, 



4 O'clock, P. M. 

The Convention rc-assembled, when Mr. Battle, of Wake, 
from the committee on Enrollments, reported as correctly en- 
rolled, an ordinance to raise North Carolina's quota of Con- 
federate troops, which was duly ratified in open Convention. 

Mr. Graham, from the committee on the petition of officers 
of the liHh Regiment N. 0. troops, reported a resolution on 
the subject, which, on a suspension of the rules, was now con- 
sidered and agreed to. 

The morning business was then resumed, the pending ques- 
tion- being on the amendment of Mr. Sprouse. 

On this question the ayes and noes were ordered, on motion 
of Mr. Sprouse, and resulted in the negative, as follows : 

Ayes — Messrs. Calloway, Christian, Cunningham, Dick, 
Douthitt, Durham, Foster of Ashe, Gilmer, Hearne, Headen, 
Jones of Rowan, Joyce, Leak of Richmond, Lyon, Mann, 
McNeill of Cumberland, Murrill, Satterthwaite, Setzer, Smith 
of Johnston, Sprouse, Starbuck, Thornton, Wilson and Woo- 
ten— 25. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Edge- 
combe, Battle of Nash, Battle of Wake, Berry, Bogle, Brown, 
Caldwell, Cannon, Darden, Dickson, Edwards, Foy, Fuller, 
Gorrell, Graham, Green, Hicks, Holden, Holmes, Houston, 
Howard, Jones of Caldwell, Kelly, Long, Manning, McDuffie, 
McNeill of Harnett, Meares, Mebane, Miller, Mitchell, Osborne, 
Penland, Phifer, Reid, Rhodes, Royster, Rufifin, Sanders, 
Schenck, Shipp, Smith of Macon, Speed, Spruill of Tyrrell, 
Strange, Strong of Mecklenburg, Strong of Wayne, Sutherland, 
Turner, Warren, Washington and Woodlin — 56. 

Mr. Badger moved the following: "Provided that the pro- 
ducers of any grain specified in this ordinance, over and above 
what may be necessary for his own consumption, shall be al- 
lowed to distil the same.'" 

Mr. Ruffin moved to amend the amendment as follows : 
" That distillers shall be permitted to distil all grain already 
purchased by them for that purpose," which was not agreed to. 



] 8MB OOttVENtflON. 35 

The question recurred on the amendment of Mr. Badger, on 
which the ayes and noes were ordered, on motion of Mr. Battle, 
of Wake, and resulted in the affirmative, as follows : 

Ayes — Messrs. Badger, Barnes, Battle of Nash, Battle of 
"Wake, Berry, Bogle, Brown, Calloway, Cannon, Christian, 
Darden, Dick, Donthitt, Edwards, Foster of Ashe, Foster of 
Randolph, Graham, Green, Heame, Holden, Jones of Rowan, 
Joyce, Kelly, Leak of Richmond, Mann, Manning, McNeill of 
Cumberland, Meares, Mebane, Michal, Miller, Murrill, Osborne, 
Phifer, Reid, Ruffin, Sanders, Satterthwaite, Schenck, Setzer, 
Shipp, Smith of Johnston, Smith of Macon, Sprouse, Starbuck, 
Strong of Wayne, Thomas of Jackson, Thornton, Turner, 
Warren, Washington, Woodfin and Wooten — 53. 

Noes — Messrs. Allison, Battle of Edgecombe, Brodnax, 
Caldwell, Cunningham, Dickson, Durham, Fuller, Gilmer, Gor- 
rell, Headen, Hicks, Holmes, Houston, Howard, Jones of Cald- 
well, Long, Lyon, McDuffie, McNeill of Harnett, Mitchell, 
Penland, Rhodes, Royster, Speed, Spruill of Tyrrell, Strange, 
Strong of Mecklenburg, Sutherland and Wilson — 80. 

Mr. Ruffin moved to amend by striking out "March"' and 
inserting "April," which was not agreed to. 

He moved to strike out " 15th of March," and insert "1st 
of April," on which the ayes and noes were ordered, on his 
motion, and resulted in the affirmative, as follows ; 

Ayes — Messrs. Barnes, Battle of Nash, Battle of Wake 
Brodnax, Brown, Calloway, Cannon, Christian, Councill, Dick- 
son, Douthitt, Durham, Foster of Ashe, Foster of Randolph. 
Gilmer, Gorrell, Graham, Hearne, Headen, Holden, Jones of 
Rowan, Joyce, Leak of Richmond, Long, Mann, Manning 
McDowell of Madison, McDuffie, McNeill of Cumberland, Mc- 
Neill of Harnett, Meares, Mebane, Michal, Miller, Mitchell, 
Murrill, Osborne, Phifer, Reid, Ruffin, Satterthwaite, Setzer, 
Shipp, Sprouse, Starbuck, Thornton, Warren, Wilson, Woodfin 
and Wooten — 50. 

Noes — Messrs. Allison, Badger, Battle of Edgecombe, Berry, 
Bogle, Caldwell, Cunningham, Darden, Dick, Edwards, Fuller, 
Green, Hicks, Holmes, Houston, Howard, Jones of Caldwell, 



M JOURNAL OF TfflE [8d8w!810», 

Kelly, Lyon, Penknd, Rhodes, Royster, Sanders, Schenck, 
Smith of Johnston. Smith of Macon, Speed, Spruill of Tyrrell. 
Strange, Strong of Mecklenburg, Strong of Wayne. Sutherland, 
Thomas of Jackson, Turner and Washington — 35. 

Mr. Strong, of Wayne, moved to reconsider the vote by 
which the amendment of Mr. Badger was adopted, on which 
the ayes and noes were ordered, on motion of Mr. Schenck, 
and resulted in the negative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Berry, Bogle, Brod- 
nax, Caldwell, Cunningham, Darden, Dick, Dickson, Foy, Ful- 
ler, Graham, Green, Hicks, Holden, Holmes, Houston, Howard, 
Jones of Caldwell, Kelly, Leak of Richmond, Lyon, Manning, 
McNeill of Harnett, Meares, Myers, Penland, Phifer, Rhodes, 
Royster, Schenck, Smith of Macon, Spruill of Tyrrell, Strange, 
Strong of Mecklenburg, Strong of Wayne, Sutherland, Turner, 
Washington and Woodfin — 40. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Nash, 
Battle of Wake, Brown Calloway, Cannon, Christian, Douthitt, 
Durham, Edwards, Foster of Ashe, Foster of Randolph, Gil- 
mer, Gorrell, Hearne, Headen, Jones of Rowan, Joyce, Long, 
Mann, McDoAvell of Madison, Mebane, Michal, Miller, Murrill, 
Osborne, Reid, Ruffin, Sanders, Satterthwaite, Setzer, Shipp, 
Smith of Johnston, Speed, Sprouse, Starbuck, Thornton, War- 
ren and Wilson — 41. 

Mr. Gorrell moved to amend the ordinance by striking out 
all after the ordaining clause, and inserting the amendment 
heretofore offered by him, modified so as- to make the tax on 
domestic whiskey 20 cents, instead of 25 cents, and on foreign 
liquor 40 cents instead of fifty cents, per gallon. 
' Mr, Howard moved to amend the amendment by striking out 
"20 " and inserting "40,'" on which the ayes and noes were 
ordered, on motion of Mr. Badger, and resulted in the affirma- 
tive, as follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
Wake, Berry, Bogle, Cunningham, Dickson, Edwards, Foy, 
Fuller, Graham, Green, Hicks, Holmes, Houston, Howard, 
Jones of Rowan, Kelly, Leak of Richmond, Lyon, Manning, 



1862.] STATE CONVENTION, ft? 

McDuffie, McNeill of Harnett, Miller, Myers, Phifer, Rhodes, 
Royster, Satterthwaitc, Schenck, Shipp, Smith of Johnston, 
Smith of Macon, Spruill of Tyrrell, Strange, Strong of Meck- 
lenburg, Strong of Wayne, Sutherland, Thornton, Turner, 
Warren, Washington and Woodfin — 43. 

Noes — Messrs. Allison, Barnes, Battle of Nash, Brodnax, 
Brown, Caldwell, Calloway, Cannon, Christian, Councill, Dar- 
den, Dick, Douthitt, Durham, Foster of Ashe, Foster of Ran- 
dolph, Gilmer, Gorrell, Hearne, Headen, Holden, Jones of 
Caldwell, Joyce, Long, Mann, McDowell of Madison, Meares, 
Mebane, Michal, Murrill, Osborne, Reid, Ruffin, Sanders, Setzer, 
Speed, Sprouse, Starbuck and Wilson — 39. 

Mr. Badger moved to amend the amendment, by striking out 
"forty cents," in the section next the last, and inserting " one 
dollar." 

Mr. Speed moved that the Convention do now adjourn, on 
which the ayes and noes were ordered, on motion of Mr. Fuller, 
and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Badger, Barnes, Battle of Edge- 
combe, Battle of Nash, Brodnax, Cannon, Councill, Foy, 
Graham, Holden, Holmes, Houston, Howard, Kelly, Long, 
Mann, Meares, Murrill, Rhodes, Ruffin, Setzer, Shipp, Speed, 
Sprouse, Spruill of Tyrrell, Strange, Strong of Mecklenburg, 
Strong of Wayne, Thornton, Turner and Warren — 32. 

Noes — Messrs. Battle of Wake, Berry, Bogle, Brown, Cald- 
well, Calloway, Christian, Cunningham, Darden, Dick, Dickson, 
Douthitt, Durham, Foster of Ashe, Foster of Randolph, Fuller, 
Gilmer, Gorrell, Green, Hearne, Headen, Hicks, Jones of Cald- 
well, Jones of Rowan, Joyce, Leak of Richmond, Lyon, Man- 
ning, McDowell of Madison, McDuffie, McNeill of Harnett, 
Mebane, Michal, Miller, Mitchell, Myers, Osborne, Phifer, Reid, 
Royster, Sanders, Satterthwaite, Schenck, Smith of Johnston, 
Smith of Macon, Starbuck, Sutherland, Washington, Wilson 
and Woodfin — 50. 

The pending question was further debated, when, 

Mr. Barnes moved an adjournment, on which the ayes and 
47 



88 JOURNAL OF THE [3d Session, 

noes were ordered, on motion of Mr. Smith, of Johnston, and 
resulted in the* affirmative, as follows : 

Ayes — Messrs. Allison," Badger, Barnes, Battle of Edge- 
combe, Battle of Nash, Battle of Wake, Berry, Bogle, Brod- 
nax, Brown, Cannon, Christian, Councill, Dickson, Douthitt, 
Durham, Foster of Ashe, Foy, Graham, Hearne, Holden, 
Holmes, Houston, Howard, Jones of Rowan, Kelly, Leak of 
Richmond, Long, Mann, Manning, Meares, Mitchell, Murrill, 
Myers, Osborne, Rhodes, Ruffin, Satterthwaite, Setzer, Shipp, 
Sprouse, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thornton, Turner and Warren — 47. 

Noes — Messrs. Caldwell, Calloway, Cunningham, Darden, 
Dick, Foster of Randolph, Fuller, Gilmer, Gorrell, Green, 
Headen, Hicks, Jones of Caldwell, Joyce, Lyon, McDuffie, 
McNeill of Harnett, Mebane, Michal, Miller, Phifer, Reid, 
Royster, Sanders, Smith of Johnston, 6mith of Macon, Star- 
buck, Sutherland, Washington, Wilson and Woodfin — 32. 

So the Convention adjourned to 10 o'clock to-morrow morning. 



IN CONVENTION, Thursday, February 20, 1862. 

The Convention met, the President in the Chair. 

The journal of yesterday was read and approved. 

On motion of Mr. Jones, of Rowan, leave of absence was 
granted, from and after to-morrow, to Mr. Setzer. 

Mr. Satterthwaite offered a resolution empowering the Presi- 
dent to employ, for the remainder of the session, an additional 
Enrolling Clerk, which was adopted under a suspension of the 
rules. 

Mr. Smith, of Johnston, introduced an ordinance to amend 
the 8th section of the Constitution of the State, which passed 
the first reading. 

Mr. Allison presented a petition from citizens of Iredell 
County, praying measures to preserve the grain of the State 
from the consumption of distillers, which, on his motion, was 
ordered to lie on the table. 



1862.] STATE CONVENTION. 89 

On motion of Mr. Fuller, leave of absence was granted Mr. 
Lyon, from and after to-morrow. 

Mr. Battle, of Nash, from the select committee to whom was 
referred a resolution to loan Tappey and Lumsden a certain 
amount to enable them to establish an iron foundry, reported 
the same back, and recommended its passage. 

The unfinished business of yesterday was then taken up. 

Mr. Howard moved to amend the pending amendment (Mr. 
Gorrell's), by striking out the second section and inserting a 
provision requiring a monthly payment of the tax, and certain 
penalties in case of failure thereof, which was agreed to. 

Mr. Schenck moved to amend the proviso, adopted on motion 
of Mr. Badger, by providing that no person shall distil any 
grain except of his own producing ; on which the ayes and noes 
were ordered, on his motion, and resulted in the affirmative, as 
follows : 

Ayes — Messrs. Allison, Atkinson, Badger, Battle of Edge- 
combe, Battle of Wake, Berry, Bogle, Brown, Bunting, Cannon, 
Christian, Councill, Cunningham, Darden, Dick, Dickson, Elli- 
son, Foster of Ashe, Fuller, Graham, Green, Holmes, Houston, 
Howard, Jones of Caldwell, Leak of Richmond, Lyon, Manning, 
McNeill of Harnett, Merritt, Miller, Mitchell, Myers, Phifer, 
Rhodes, Royster, Ruffin, Satterthwaite, Schenck, Smith of 
Johnston, Smith of Macon, Strange, Strong of Mecklenburg, 
Strong of Wayne, Sutherland, Thompson, Thornton, a Turner, 
Warren, Washington, Williamson and Wooten — 52. 

Noes — Messrs. Barnes, Battle of Nash, Brodnax, Caldwell, 
Calloway, Douthitt, Durham, Edwards, Foster of Randolph, 
Foy, Gilmer, Gorrell, Ilearne, Headen, Holden, Jones of Rowan, 
Joyce, Kelly, Kittrell, Long, Mann, McDuffie, Meares, Mebane, 
Micnal, Murrill, Osborne, Reid, Sanders, Setzer, Speed, Sprouse, 
Spruill of Tyrrell, Starbuck, Wilson and Woodfin— 36. 

Mr. Barnes moved to amend by striking out that part of the 
amendment which imposes a tax on liquor distilled from fruit, 
on which the ayes and noes were ordered, on his motion, and 
resulted in the affirmative, as follows : 

Ayes— Messrs. Badger, Barnes, Battle of Nash, Berry, 



90 JOURNAL OF THE [3d Session, 

Bogle, Brown, Bunting, Calloway, Cannon, Christian, Councill, 
Cunningham, Dick, Foster of Ashe, Gilmer, Graham, Hearne, 
Holden, Jones of Caldwell, Joyce, Kelly, Lyon, Mann, Man- 
ning, McNeill of Harnett, Meares, Mitchell, Murrill, Myers, 
Phifer, Reid, Royster, Sanders, Schenck, Setzer, Smith of 
Johnston, Sprouse, Starbuck, Strong of Wayne, Sutherland, 
Thompson, Turner, Warren, Wilson and Wooten — 45. 

Noes — Messrs. Allison, Atkinson, Battle of Edgecombe, 
Battle of Wake, Brodnax, Caldwell, Darden, Dickson, Douthitt, 
Durham, Edwards, Ellison, Foster of Randolph, Foy, Fuller, 
Gorrell, Green, Headen, Hicks, Holmes, Houston, Howard, 
Jones of Rowan, Kittrell, Leak of Richmond, Long, McDuffic, 
Mebane, Merritt, Michal, Miller, Osborne, Rhodes, Ruffin, 
Satterthwaite, Shipp, Smith of Macon, Speed, Strange, Thorn- 
ton, Washington, Williamson and Woodfin — 44. 

Mr. Battle, of Wake, moved to amend by striking out the 
tax on liquors distilled from rye, which was not agreed to. 

Mr. Michal moved to amend by fixing the tax at twenty-five 
cents per gallon, and providing a penalty of $1,000 and six 
months imprisonment, for adulterating liquors ; which was not 
agreed to. 

The question was now taken on Mr. Badger's amendment, 
offered yesterday, to tax liquors brought into the State, one 
dollar per gallon ; and it was agreed to. 

He now moved to amend the sixth section, by adding the 
following — And if said tax shall not be paid by the person 
bringing or sending the same into the State, the buyer or 
receiver shall be liable for the same, to be collected in the man- 
ner specified in the second section of this ordinance ; which was 
agreed to. 

Mr. Ruffin moved to amend by striking out the section, on 
which the ayes and noes were ordered, on motion of Mr. Badger, 
and resulted in the negative, as follows : 

Ayes — Messrs. Atkinson, Barnes, Battle of Edgecombe, 
Battle of Wake, Bogle, Brown, Darden, Dickson, Durham, Foy, 
Fuller, Graham, Jones of Caldwell, Jones of Rowan, Kelly, 
Lyon, Mann, McDuffie, McNeill of Cumberland, McNeill of 



1862.] STATE CONVENTION. 91 

Harnett, Michal, Mitchell, Myers, Osborne, Reid, Rhodes, 
Royster, Ruffin, Satterthwaite, Schenck, Shipp, Strong of 
Wayne, Sutherland, Thompson, Turner, Washington, William- 
son and Wooten — 38. 

Noes — Messrs. Allison, Badger, Battle of* Nash, Berry 
Brodnax, Caldwell, Calloway, Cannon, Christian, Councill, Dick 
Douthitt, Edwards, Ellison, Foster of Ashe, Foster of Ran- 
dolph, Gilmer, Gorrell, Green, Hearne, Headen, Hicks, Holmes, 
Houston, Joyce, Kittrell, Leak of Richmond, Long, Manning, 
Mebane, Miller, Murrill, Phifer, Sanders, Sctzer, Smith of 
Johnston, Smith of Macon, Sprouse, Starbuck, Strange, Stron^ 
of Mecklenburg, Thornton, AVarren, Wilson and Woodfin — 46. 

Mr ; Gorrell moved to amend by striking out the first clause 
of the sixth section, and inserting a substitute which he offered ; 
and it was not agreed to. 

Mr. Meares moved to strike out the sixth section, and insert, 
a provision taxing the consumers of* liquors brought into the 
State ; which was not agreed to. 

Mr. Holmes moved to strike out the whole of Mr. Gorrell's 
amendment, and insert " that all distillation shall be prohibited 
between the 2d day of April and the 1st day of December" ; 
on which the ayes and noes were ordered, on his motion, and 
resulted in the negative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Berry, Bogle, Bunting, 
Cunningham, Darden, Dickson, Foy, Fuller, Green, Hicks, 
Kolmes, Houston, Kelly, Leak of Richmond, Lyon, Manning 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Miller, 
Myers, Phifer, Rhodes, Royster, Sanders, Smith of Johnston, 
Smith of Macon, Spruill of Tyrrell, Strange, Strong of Meck- 
lenburg, Strong of Wayne, Sutherland, Thompson, Thornton, 
Washington, Woodfin and Wooten — 37. 

Noes — Messrs. Allison, Atkinson, Badger, Battle of Nash, 
Battle of Wake, Brodnax, Brown, Caldwell, Calloway, Cannon, 
Christian, Councill, Dick, Douthitt, Durham, Ellison, Foster of 
Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Hearne* 
Headen, Holden, Jones of Caldwell, Jones of Rowan, Joyce, 
Long, Mann, Meares, Mebane, Michal, Mitchell, Murrill, Os- 



92 JOURNAL OF THE [3d Session, 

borne, Reid. Ruffin, Satterthwaite, Schenck, Setzer, Shipp, 
Speed, Sprouse, Starbuck, Turner, Warren,. Williamson and 
Wilson -48. 

The question then recurred on the amendment of Mr. Gorrell, 
as amended, on which the ayes and noes were ordered, on motion 
of Mr. Fuller, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Barnes, Battle of Nash, Brodnax, 
Brown, Calloway, Christian, Councill, Douthitt, Durham, Foster 
of Ashe, Foster of Randolph, Gilmer, Gorrell, Headen, Holden, 
Jones of Caldwell, Jones of Rowan, Joyce, Long, Mann, 
McDuffie, McNeill of Cumberland, Meares, Mebane, Michal, 
Miller, Mitchell, Murrill, Osborne, Reid, Ruffin, Setzer, Shipp, 
Spruill of Tyrrell, Starbuck, Williamson and Wilson — 3$. 

Noes — Messrs. Atkinson, Badger, Battle of Edgecombe, Battle 
of Wake, Berry, Bogle, Bunting, Caldwell, Cannon, Cunning- 
ham, Darden, Dick, Dickson, Ellison, Foy, Fuller, Graham, 
Gieen, Hearne, Hicks, Holmes, Houston, Howard, Kelly, Leak 
of Richmond, Lyon, Manning, McNeill of Harnett, Myers, 
Phifer, Rhodes, Royster, Sanders, Satterthwaite, Schenck, 
Smith of Johnston, Smith of Macon, Speed, Sprouse, Strange, 
Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
son, Thornton, Turner, Warren, Washington, Woodfin and 
Wooten — 50. 

Mr. Gilmer moved to amend by striking out all after the 
ordaining clause, and inserting in lieu thereof, an ordinance to 
prevent distillation after the 15th of April, and providing for a 
tax on all liquors sold, domestic or foreign. 

Pending the consideration of this amendment the hour 
arrived, and the Convention took a recess. 

• * 

4 O'clock, P. M. 

* Mr. Badger introduced an ordinance to exempt from militia 
duty and military service, members of the society of Friends, 
commonly called Quakers, which passed its first reading. 



1862.] STATE CONVENTION. 93 

The morning's business was resumed, the question being on 
the amendment offered by Mr. Gilmer. 

The question being put, the ayes and noes were ordered, on 
motion of Mr. Graham, and resulted in the affirmative, as follows : 

Aye^ — Messrs. Allison, Atkinson, Barnes, Battle of Edge- 
combe, Bogle, Brodnax, Bunting, Cannon, Christian, Cunning- 
ham, Darden, Dick, Dickson, Douthitt, Durham, Edwards, 
Foster of Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gor- 
rell, Headen, Hicks, Holden, Holmes, Jones of Rowan, Joyce, 
Kelly, Long, Lyon, Mann, Manning, McNeill of Cumberland, 
Mebane, Miller, Mitchell, Murrill, Osborne, Phifer, Reid, 
Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Shipp, Smith 
of Johnston, Starbuck, Strange, Strong of Mecklenburg, Strong 
of Wayne, Thornton, Turner, Washington, Williamson, Wilson, 
Woodfin and Wooten — 59. 

Noes — Messrs. Badger, Battle of Nash, Battle of Wake, 
Berry, Caldwell, Calloway, Ellison, Graham, Green, Hearne, 
Leak of Richmond, Michal, Myers, Schenck, Setzer, Smith of 
Macon, Speed, Sprouse and Warren — 19. 

Mr. Leak, of Richmond, now moved to amend by striking out 
all after the ordaining clause, and inserting a prohibition after 
the first of April ; and it was not agreed to. 

Mr. Barnes moved to amend by inserting a provision allowing 
any person to distil his own grain, on which the ayes and noes 
were ordered, on his motion, and resulted in the negative, as 
follows : 

Ayes — Messrs. Atkinson, Badger, Barnes, Battle of Wake, 
Berry, Calloway, Christian, Durham, Foster of Ashe, Graham, 
Hearne } Holden, Jones of Caldwell, Joyce, Mann, Mebane, 
Michal, Reid, Ruffin, Sanders, Satterthwaite, Schenck, Setzer, 
Smith of Johnston, Sprouse, Starbuck, Warren and William- 
son— 28. 

Noes — Messrs. Allison, Battle of Edgecombe, Battle of Nash, 
Bogle, Brodnax, Bunting, Caldwell, Cannon, Cunningham, Dar- 
den, Dick, Dickson, Douthitt, Edwards, Ellison, Foy, Fuller, 
Gilmer, Gorrell, Green, Headen, Hicks, Holmes, Jones of 
Rowan, Kelly, Leak of Richmond, Long, Lyon, Manning, Mc- 



94 JOURNAL OP THE [3d Session, 

Duffic, McNeill of Cumberland, McNeill of Harnett, Meares, 
Miller, Mitchell, Myers, Osborne, Pbifer, Rhodes, Royster, 
Sliipp, Smith of Macon, Speed, Spruill of Tyrrell, Strange, 
Strong of Mecklenburg, Strong of Wayne, Thompson, Thornton, 
Turner, , Washington, Wilson, Woodfin and Wooten — 54. 

Mr. Battle, of Nash, moved to insert a provision limiting the 
price of liquor distilled to $ 1.00 per gallon, on which the ayes 
and noes were ordered, on his motion, and resulted in the nega- 
tive, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Bun- 
ting, Cannon, Cunningham, Darden, Holmes, Kelly, Leak of 
Richmond, Lyon, Manning, McNeill of Cumberland, Meares, 
Murrill, Royster, Smith of Johnston, Smith of Macon, Speed 

and Turner— 19. 

» 

Noes — Messrs. Allison, Atkinson, Badger, Barnes, Battle of 
Wake, Berry, Bogle, Brodnax, Caldwell, Calloway, Christian, 
Dick, Dickson, Douthitt, Durham, Edwards, Ellison, Foster of 
Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gorrell, Graham, 
Green, Ileaden, Hicks, Jones of Caldwell, Jones of Rowan, 
Joyce, Long, McDuffie, McNeill of Harnett, Mebane, Michal, 
Miller, Mitchell, Myers, Phifer, Reid, Rhodes, Ruffin, Sanders, 
Satterthwaite, Schenck, Setzer, Shipp, Sprouse, Spruill of Tyr- 
rell, Starbuck, Strange, Strong of Mecklenburg, Strong of 
Wayne, Thornton, Warren, Washington, Wilson, Woodfin and 
Wooten— 59. 

Mr. Sprouse offered an amendment prohibiting any manufac- 
turer of cotton or woollen goods from selling the same out of the 
State, or to a non-resident. 

Mr. Badger moved to amend the amendment by extending 
the prohibition to manufacturers from hair, flax, tow, or ether 
textile fibre, leather or raw-hides ; which was accepted by Mr. 
Sprouse. 

The question being put, tho ayes and noes were ordered, on 
motion of Mr. Calloway, and resulted in the negative, as follows : 

Aye? — Messrs. Badger, Calloway, Christian, Cunningham, 
Durham, Hcarne, McNeill of Cumberland, Murrill, Phifer, 
Setzer, Smith of Johnston, Speed, Sprouse and Wooten — 14. 



1862.] STATE CONVENTION, 95 

Noes — Messrs. Allison, Atkinson, Barnes, Battle of Edge- 
combe, Battle of Nash, Battle of Wake, Berry, Bogle, Brodnax, 
Bunting, Caldwell, Cannon, Darden, Dick, Edwards, Ellison, 
Foster of Ashe, Foy, Fuller, Gilmer, Gorrell, Graham, Green, 
Headen, Hicks, Holden, Holmes, Jones of Caldwell, Jones of 
Rowan, Joyce, Kelly, Leak of Richmond, Long, Lyon, Mann, 
McDuffie, McNeill of Harnett, Meares, Mebane, Michal, Miller, 
Mitchell, Osborne, Reid, Rhodes, Royster, Ruffin, Sanders, 
Shipp, Smith of Macon, Spruill of Tyrrell, Starbuck, Strange, 
Strong of Mecklenburg, Strong of Wayne, Thompson, Thornton, 
Turner, Warren, Washington, Williamson, Wilson and Wood- 
fin— 64. 

Mr. Ellison moved to insert after the word " misdemeanor," 
the words, "for each and every act of distillation," which was 
agreed to. 

Mr. Graham moved to re-commit to a select committee, and 
it was not agreed to. 

Mr. Battle, of Nash, offered an amendment that the distiller 
shall list to the Sheriff on the 15th of April ; which was not 
agreed to. 

The question then recurred on the passage of the ordinance 
on the third and last reading ; on which the ayes and noes were 
ordered, on motion of Mr. Badger, and resulted in the affirma- 
tive, as follows : 

Ayes — Messrs. Allison, Atkinson, Battle of Edgecombe, Bo- 
gle, Brodnax, Bunting, Cannon, Christian, Cunningham, Darden, 
Dick, Dickson, Douthitt, Edwards, Ellison, Foster of Ashe, Foy, 
Fuller, Gilmer, Gorrell, Green, Hicks, Holmes, Houston, Jones 
of Caldwell, Kelly, Kittrell, Leak of Richmond, Lyon, McDuffie, 
McNeill of Cumberland, McNeill of Harnett, Miller, Mitchell, 
Myers, Osborne, Phifer, Rhodes, Royster, Satterthwaite, 
Schenck, Shipp, Smith of Macon, Spruill of Tyrrell, Starbuck, 
Strange, Strong of Mecklenburg, Strong of Wayne, Thompson, 
Thornton, Turner, Warren, Washington, Williamson, Wilson, 
Woodfin and Wooten — 57. 

Noes — Messrs. Badger, Battle of Nash, Battle of Wake, 
Berry, Caldwell, Calloway, Councill, Durham, Foster of Ran- 
43 



96 JOURNAL OP THE [8b Session, 

dolph, Graham, Hearne, Headen, Holden, Jones of Rowan, 
Joyce, Long, Mann, Manning, Meares, Mebane, Michal, Murrill, 
Reid, Ruffin, Sanders, Setzer, Smith of Johnston, Speed, 
Sprouse, and Thomas of Carteret — 30. 

On motion of Mr. Strange, leave of absence was granted to 
Mr. Wooten. 

On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Friday, February 21, 1862. 

The President took the Chair. Prayer by Rev. Henry Hardie. 

The journal of yesterday was read and approved. 

Mr. Manning introduced an ordinance supplemental to and 
amendatory of, the ordinance to provide for the assumption and 
payment of the Confederate tax, which passed its first reading, 
and was, on motion of Mr. Rayner, referred to the committee 
on Finance. 

Mr. Wilson introduced an ordinance to provide for the pay- 
ment of bounty to deceased volunteers raised by the authority 
of the State, which passed its first reading. 

On motion, the rules were suspended and the ordinance read 
the second time. 

Mr. Sanders moved to amend by adding a section declaring 
that the claiming heirs at law shall produce hie or her affidavit, 
or that of two disinterested persons, stating the relationship, 
and that there is no other person entitled to claim. 

On motion of Mr. Shipp, the ordinance and amendment were 
referred to the Judiciary Committee. 

Mr. Reid, from the select committee to whom was referred 
the memorial of the Wilmington, Charlotte and Rutherford 
Railroad Company and accompanying ordinance, reported the 
same back and asked to be discharged from the further consid- 
eration of the subject ; in which the Convention concurred. 

Mr. Gilmer presented a petition from the Clerks in the mili- 
tary Department, asking increased compensation, which, on hfe 
motion, was referred to a select committee. 



1862.] STATE CONVENTION. 07 

The President appointed Messrs. Gilmer, Long and Foy. 

Mr. Starbuck, from the special committee to whom the subject 
was referred, reported an ordinance to exempt persons over 
forty-five years, from the performance of militia duty ; which 
passed its first reading. 

On motion of Mr. Ellison, the rules were suspended and the 
ordinance was read and passed the second reading. 

It was then read the third time. 

Mr. Myers moved the following : Provided that no person 
over forty-five years of age shall hold any office in the militia — 
which was not agreed to. 

The question recurred on the final passage of the ordinance, 
on which the ayes and noes were ordered, on motion of Mr. 
Osborne, and resulted as follows, in the negative : 

Ayes — Messrs. Allison, Atkinson, Battle of Wake, Berry, 
Bogle, Calloway, Cannon, Christian, Cunningham, Dick, Dick- 
son, Ellison, Foster of Ashe, Foy, Gilmer, Gorrell, Graham, 
Headen, Holden, Joyce, Kelly, Long, Mann, Manning, McNeill 
of Harnett, Murrill, Satterthwaite, Sotzer, Shipp, Smith of 
Johnston, Sprouse, Starbuck, Williamson and Wilson — 33. 

Nobs — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
nax, Bunting, Caldwell, Councill, Darden, Douthitt, Durham, 
Edwards, Foster of Randolph, Fuller, Green, Hearne, Hioks, 
Holmes, Houston, Howard, Jones of Caldwell, Jones of Rowan, 
Kittrell, Leak of Richmond, McDuffie, McNeill of Cumberland, 
Meares, Mebane, Michal, Miller, Mitchell, Myers, Osborne, 
Phifer, Reid, Rhodes, Royster, Ruffin, Sanders, Schenck, Spruill 
of Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thomas of Carteret, Thompson, Thornton, Warren, Washington, 
Woodfin and Wooten — 49. 

Mr. Mitchell introduced an ordinance to tax money, which 
passed the first reading. 

Mr. Meares offered a resolution that the Publio Treasurer pay 
to W. R. Lowell $82, am0U nt expended by him for the use of 
the sick soldiers of the 11th Regiment N. C. Volunteers, near 
Manassas, while employed as a nurse in August and September 
last. 



98 JOURNAL OF THE [3d Session, 

On motion of Mr. Gilmer, it wag referrod to a select com- 
mittee of three. 

The President appointed Messrs. Gilmer, Meares and McNeill 
of Cumberland. 

Mr. Warren offered a resolution to appoint a committee to 
inquire into the propriety of re-organizing the Paymaster's De- 
partment, and to report by ordinance or otherwise. 

On motion, the rules were suspended, and the resolution was 
agreed to. 

The President appointed Messrs. Ellison, Battle of Nash, 
Foster of Randolph, Shipp and Murrill. 

Mr. Cannon offered a resolution for the protection of private 
property. He moved to suspend the rules and put the resolution 
on its passage now, and it was not agreed to. 

Mr. Graham moved to take up the ordinance to provide for 
the payment of certain expenses of the Board of Claims, and 
it was agreed to. 

The ordinance then passed the second and third readings, and 
was ordered to be enrolled. 

Mr. Smith, of Macon, reported that the ordinance to pro- 
hibit, for a limited time, the distillation of grain, had been cor- 
rectly enrolled, and the same was duly ratified in open Conven- 
tion. 

Mr. Leak, of Richmond, introduced an ordinance to provide 
for an Executive Council, which passed its first reading. 

Mr. Badger moved to take up the ordinance to exempt 
Quakers from military duty ; and it was not agreed to. 

Mr. Battle, of Wake, reported the ordinance to provide pay- 
ment of certain expenses by the Board of Claims, as correctly 
enrolled ; and the same was duly ratified in open Convention. 

Mr. Strange was appointed on the committee on the Gov- 
ernor's communication, in place of Mr. Brown. 

The President announced that he had received a letter from 
Hons. W. W. Avery and George Davis, enclosing a communi- 
cation from the Confederate States, whereupon, on motion of 
Mr. Reid, the lobbies and galleries were cleared and the Con- 
vention sat with closed doors, 



1862.] STATE CONVENTION, 99 

After so remaining for some time, the doors were again opened. 

Mr. Woodfin introduced an ordinance supplemental to an 
ordinance passed at the last session, authorizing the issue of 
Treasury notes, &c, which passed the first reading. 

By the same, an ordinance supplemental to an ordinance 
passed at the present session, entitled "An Ordinance to provide 
for the assumption and payment of the Confederate tax, which 
passed the first reading. 

The hour having arrived, the Convention took a recess until 
4 o'clook. 



4 O'clock, P. M. 

Mr. Strange moved to reconsider the vote by which the Con- 
vention on yesterday agreed to the ordinance to suppress for a 
limited time the distillation of grain. 

On this question the ayes and noes were ordered, on motion 
of Mr. Gilmer, and resulted as follows : 

Ayes — Messrs. Atkinson, Barnes, Battle of Edgecombe, 
Battle of Nash, Brodnax, Bunting, Caldwell, Cunningham, Dick- 
son, Ellison, Foy, Green, Holmes, Howard, Kelly, Leak of 
Richmond, Manning, McNeill of Harnett, Rayner, Sanders, 
Smith of Johnston, Sprouse, Strange, Strong of Mecklenburg, 
Strong of Wayne, Thompson and Turner — 27. 

Noes — Messrs. Allison, Battle of Wake, Bogle, Calloway, 
Cannon, Councill, Darden, Dick, Douthitt, Durham, Edwards, 
Foster of Ashe, Fuller, Gilmer, Gorrell, Graham, Headen, 
Hicks, Holden, Jones of Caldwell, Jones of Rowan, Joyce, Long, 
Mann, Mebane, Michal, Miller, Mitchell, Murrill, Myers, Os- 
borne, Reid, Rhodes, Royster, Ruffin, Shipp, Smith of Macon, 
Speed, Spruill of Tyrrell, Starbuck, Thornton, Warren, Wil- 
liamson, Wilson and Woodfin — 46. 

Mr. Rufiin offered the following : 

Whereas, Certain rumors are current that in the late battle 
of Roanoke Island between the forces of the Confederate States 
and those of the United States, some of the forces behaved 
badly ; and, whereas, certain regiments and companies of North 



100 JOURNAL OF THE [8d Session, 

Carolina troops, formed a part of the Confederate army, and it 
is the sincere desire of this Convention, and of the people of 
this State, to remove, as soon as possible, any such imputation 
on them, if unjust ; it is, therefore, 

Eesohed, That the Senators in Congress from this State, be 
instructed to call for the official report of said battle, and to 
send to this body a copy of the same, and also the proceedings 
of any court martial that may be held touching the defenses of 
said Island, and the behavior of the troops from this State 
engaged in said battle. 

The rules having been euspended, the said resolution was 
considered and agreed to. 

Mr. Ituffin, from the Judioial Committee, to whom was referred 
an ordinance and certain amendments proposed thereto to pro- 
vide for the payment of bounty due to deceased soldiers, report- 
ed the same back with a substitute therefor, and recommended 
its passage. « 

On motion of Mr. Wilson, the rules were suspended, and the 
said ordinance was read the second and third times, passed, and 
ordered to be enrolled. 

Mr. Rayner moved to take up and consider the ordinance to 
define and punish sedition. On this motion he asked the ayes 
and noes, which being ordered, resulted as follows : 

Ayes — Messrs. Atkinson, Barnes, Battle of Edgecombe, 
Battle of Nash, Brodnax, Bunting, Caldwell, Oinningham, Dar- 
don, Dickson, Durham, Edwards, Foy, Green, Hicks, Holmes, 
Howard, Kelly, McNeill of Cumberland, Michal, Miller, Myers, 
Osborne, Rayner, Reid, Royster, Ruffin, Schenck, Spruill of 
Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thompson, Thornton, Turner, Woodfin and Wooten — 87. 

N 0ES — Messrs. Allison, Battle of Wake, Berry, Bogle, Cal- 
loway, Cannon, Christian, Councill, Dick, Douthitt, Ellison, 
Foster of Ashe, Foster of Randolph, Fuller, Gilmer, Gorrell, 
Graham, Headen, Holden, Jones of Caldwell, Jones of Rowan, 
Joyce, Leak of Richmond, Long, Mann, Manning, McNeill of 
Harnott, Mebano, Mitchell, Murrill, Sanders, Satterthwaite, 
Shipp, Smith of Johnston, Smith of Macon, Speed, Sprouso, 
Starbuck, Warren, Williamson and Wilson — 41. 



1862-3 STAfB CONTENTION. 101 

Mr. Thompson moved to take up, for consideration, the ordi- 
nance regulating the appointment of Company Officers ; whioh 
was agreed to. 

He then proposed a substitute for the same. 

Mr. Manning moved to amend by striking out all after the 
ordaining clause and inserting a substitute therefor. 

Mr. Howard moved to amend by striking out the second 
olause ; which was not agreed to'. 

On motion of Mr. Thompson, the subject was referred to a 
select committee. 
^ The President appointed the following : Messrs, Thompson, 
Manning, Howard and Green. 

Mr. Howard introduced an ordinance to provide for collecting 
the arms belonging to the State, whioh passed its first reading. 

Mr. Speed introduced an ordinance to authorize the Public 
Treasurer to pay Rev. Maurice H. Vaughan one hundred dollars 
for services as Chaplain, at Roanoke Island ; which passed its 
first reading. 

On motion of Mr. Green, the Convention adjourned. 



IN CONVENTION, Saturday, February 22, 1802. 

The President toek the Chair and called the Convention to 
order. Prayer bj Bev. Frederick FitaGerald, of the P. E. 
Church. 

The journal of yesterday was read and approved. 

Mr. Smith, of Macon, from the committee on enrollments, 
reported, as correctly enrolled, the ordinance to make some pro- 
vision for the families of soldiers dying in the service, and the 
same was duly ratified. 

Mr. Battle, of Wake, moved to raise a committee to inquire 
into the expediency of lending State aid to a manufactory of 
wool and cotton cards, and the motion prevailed. 

The President appointed Messrs. Battle of Wake, Strong of 
Mecklenburg, Dick, McDuffie and Smith, to constitute the 
committee, 



102 JOURNAL OF THE [3d Session, 

Mr. Strong, of Mecklenburg, presented a petition of citizens 
of Mecklenburg County, asking that the grain of the State be 
preserved from the hands of the distillers, which was read and 
laid on the table. 

On motion of Mr. Pettigrew, the lobbies and galleries were 
cleared, and the Convention sat with closed doors. 

After some time spent in secret session, the doors were opened. 

Mr. Rayner, from the committee of Finance, made a report 
on the financial condition of the State, which was laid on the 
table and ordered to be printed. 

The Convention then took a recess until 4 o'clock. 



4 O'clock, P. M. 

Mr. Ellison, from the select committee, reported an ordinance 
concerning the Paymaster's Department, which passed the first 
reading. 

The rules were suspended and the ordinance read the second 
and third times, passed and ordered to be enrolled. 

Mr. Strange introduced an ordinance to raise troops for the 
defence of the State, which passed its first reading, and on 
motion of Mr. Howard, was made the special order for Monday 
next at 11 o'clock. 

Mr. Rayner gave notice of an amendment that ho would offer 
when the ordinance came up for consideration. 

On motion of Mr. Woodfin, the ordinance supplemental to an 
ordinance passed at the last session, authorizing the issue of 
Treasury notes, was taken up. 

The ordinance was read the second time, when considerable 
discussion ensued, pending which, 

On motion of Mr. Badger, the Convention adjourned to 10 
o'clock Monday morning. 



1862.] STATE CONVENTION. 103 



IN CONVENTION, Monday, February 24, 1862. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. J. M. Atkinson, of the Presby- 
terian Church. 

The journal of Saturday was read and approved. 

Mr. Miller presented a petition from officers and privates of 
the 14th Regiment North Carolina Volunteers, against the dis- 
tillation of grain into whiskey; which was read and, on his 
motion, laid upon the table. 

Mr. Gilmer reported favorable on a resolution in favor of W. 
R. Lovell ; and the same passed the several readings under a 
suspension of the rules. 

Mr. Battle, of "Wake, from the committee on enrollments, 
reported as correctly enrolled, the ordinance concerning the 
Paymaster's Department, and the same was duly ratified. 

Mr. Mebane, from the committee on the Report of the Board 
of Claims, reported an ordinance to pay the claims audited and 
allowed by the Board, which passed the several readings under 
a suspension of the rules, and was ordered to be enrolled. 

Mr. Reid moved to reconsider the vote by which the said ordi- 
nance passed its third reading, aDd, 

On motion of Mr. Badger, that motion was laid upon the 
table. 

The unfinished business of Saturday was taken up, being the 
ordinance supplemental to the ordinance authorizing the issue of 
Treasury notes. 

Pending the consideration of the subject, a message was 
received from His Excellency, the Governor, in relation to the 
military condition of the State, which was read and, on motion, 
laid upon the table. 

The consideration of the Treasury note ordinance was then 
resumed, and occupied the remainder of the morning session. 
49 



104 JOURNAL OF THE [3d Session, 



4 O'clock, P. M. 

Mr. Howard, from the Military Committee, reported back 
the ordinance for the more thorough organization of the militia, 
and asked to be discharged from its further consideration, in 
which the Convention concurred. 

The unfinished business of the morning was resumed. 

Mr. Ruffin moved to amend by striking out of the second 
section, all between the ordaining clause and the word " and " 
in the 4th line, and inserting, " that said Treasury notes shall, 
at any time or times hereafter, be received at the Treasury in 
payment for land entered, and for taxes, and for any debt to the 
State, and for county, poor, and school purposes." Also, to 
strike out all after the word "counties," in the 5th line. 

The question on the amendment was put and decided in the 
aff v mative, the ayes and noes being ordered on motion of Mr. 
Me ares, as follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
Nash, Battle of Wake, Berry, Brodnax, Brown, Bunting, Cald- 
well, Christian, Cunningham, Dick, Dickson, Douthitt, Edwards, 
Ellison, Foster of Ashe, Foster of Randolph, Foy, Fuller, Gra- 
ham, Hearne, Holmes, Howard, Joyce,^Kittrell, Leak of Rich- 
mond, Long, Manning, Miller, Mitchell, Osborne, Phifer, Reid, 
Rhodes, Ruflan, Smith of Macon, Speed, Sprouse, Starbuck, 
Strange, Strong of Mecklenburg, Strong of Wayne, Thomas of 
Carteret, Washington, Williamson and Wilson — 47. 

Noes — Messrs. Allison, Bogle, Bryson, Calloway, Cannon, 
Councill, Darden, Durham, Gilmer, Gorrell, Green, Headen, 
Hicks, Houston, McDuffie, McNeill of Cumberland, McNeill of 
Harnett, Meares, Mebane, Michal, Murrill, Myers, Pettigrew, 
Rayner, Sanders, Shipp, Smith of Johnston, Thornton, Turner 
and Woodfin — 30. 

Mr. Battle, of Wake, moved an additional section, as follows : 
"That on application of holders of Treasury notes of the 
denominations of fifty dollars, and one hundred dollars, without 
interest, the Treasurer shall, as soon as may be practicable, 
redeem the same with other Treasury notes of a less denomina- 



1862.] STATE CONVENTION. 105 

tion ; Provided, That nothing herein contained shall prevent the 
issue of said notes to the aggregate amount of three millions of 
dollars. 

The amendment was adopted. 

On motion of Mr. Badger, the ordinance was re-committed to 
the committee. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, the resolution in favor of Wm. R. 
Lovell, and the same was duly ratified. 

On motion of Mr. Badger, the Convention took up the ordi- 
nance to tax money, and the same was read the second time. 

Mr. Gorrell moved to amend by adding — "Provided, that 
bank notes shall be considered as money," and the amendment 
was agreed to. 

Mr. Speed moved to adjourn, and it was not agreed to. 

Mr. Reid moved the following amendment to the ordinance 
under consideration : — Provided the average amount on hand for 
the six months immediately preceding the time of listing tax- 
ables, shall be the sum required to be listed under the provisions 
of this ordinance. After some discussion, the amendment was 
withdrawn. 

The ordinance then passed the second reading. 

On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Tuesday, February 25, 1862. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. Dr. Mason, of the P. E. Church. 

The journal of yesterday was read and approved. 

Mr. Battle, of Wake, from the select committee on the sub- 
ject, reported a^ ordinance to encourage the manufacture of 
wool and cotton cards : and the same passed the first reading. 

He moved to suspend the rules in order to put the ordinance 
on its several readings to-day ; on which motion the ayes and 
noes were ordered, and resulted in the affirmative, as follows : 



106 JOURNAL OF THE [3d Session, 

Ayes — Messrs. Allison, Battle of Nash, Battle of Wake, 
Berry, Bogle, Brown, Bryson, Caldwell, Calloway, Cannon, 
Councill, Cunningham, Darden, Dick, Dickson, Douthitt, Dur- 
ham, Edwards, Ellison, Foster of Randolph, Foy, Fuller, Gil- 
mer, Gorrell, Graham, Headen, Hicks, Holden, Holmes, Joyce, 
Kittrell, Long, Lyon, Manning, McDuffie, McNeill of Cumber- 
land, McNeill of Harnett, Mebane, Phifer, Reid, Rhodes, 
Ruffin, Sanders, Shipp, Smith of Johnston, Smith of Macon, 
Speed, Sprouse, Starbuck, Strong of Mecklenburg, Strong of 
Wayne, Thomas of Jackson, Thompson, Thornton, Williamson 
and Wilson — 56. 

Noes — Messrs. Battle of Edgecombe, Brodnax, Foster of 
Ashe, Howard, Michal, Pettigrew, Rayner, Strange and Wash- 
ington — 9. 

The ordinance was read the second time. 
Mr. Reid moved to add, "Provided, that the cards to be 
manufactured shall not be sold for a greater price than two dol- 
lars a pair." 

Mr. Washington moved to amend the amendment by striking 
out "two dollars," and inserting, "one dollar and a half," and 
it was not agreed to. 

Mr. Reid then withdrew his amendment, and substituted the 
following : " Provided, That the cards manufactured shall be 
first offered for sale to the citizens of the State," and the amend- 
ment was adopted. 

As amended the ordinance then passed the second and third 
readings, and was ordered to be enrolled. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, the ordinance to allow the claims 
audited by the Board of Claims, and the same was duly ratified. 
Mr. Badger moved to take up the ordinance to exempt Qua- 
kers from military service, on which the ayes and noes were 
ordered, on motion of Mr. Speed, and resulted in the negative, 
as follows : 

Ayes — Messrs. Bagley, Battle of Edgecombe, Battle of 
Wake, Bogle, Caldwell, Cannon, Dick, Foster of Randolph, Gil- 
mer, Gorrell, Graham, Headen, Holden, Kittrell, Long, Man- 



1862.] STATE CONVENTION. 107 

ning, McNeill of Harnett, Mebane, Ruffin, Shipp, Speed, Star- 
buck, Strong of Wayne,\ Thomas of Carteret, and Wilson — 25. 

Noes — Messrs. Allison, Battle of Nash, Berry, Brodnax, 
Brown, Bryson, Bunting, Calloway, Councill, Cunningham, Dar- 
dcn, Dickson, Douthitt, Durham, Edwards, Ellison, Foster of 
Ashe, Foy, Fuller, Green, Hicks, Houston, Howard, Jones of 
Rowan, Joyce, McDuffie, McNeill of Cumberland, Meares, 
Michal, Miller, Osborne, Pettigrew, Phifer, Rayner, Reid, 
Rhodes, Sanders, Sprouse, Strange, Strong of Mecklenburg, 
Thomas of Jackson, Thompson, Thornton, Turner, Washington, 
Williamson and Woodfin — 47. 

Mr. Woodfin, from the committee on Finance, reported back 
the ordinance concerning the issue of Treasury notes, with a 
Substitute for this and an ordinance to assume the payment of 
the Confederate tax, and the same passed the first reading. 

Mr. Rayner moved to rescind the order to adjourn to-day at 
6 p. m., and provide for the adjournment to-morrow at 4 p. m. 

Mr. Badger moved to amend the motion by striking out the 
second clause, on which the ayes and noes were ordered, on 
motion of Mr. Reid, and resulted in the negative, as follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
Wake, Brodnax, Caldwell, Calloway, Councill, Dick, Foster of 
Randolph, Gilmer, Gorrell, Jones of Rowan, Long, Manning 
Meares, Mebane, Rayner, Rhodes, Speed, Thomas of Jackson 
and Washington — 21. 

Noes — Messrs. Allison, Battle of Nash, Berry, Bogle, Brown 
Bryson, Bunting, Cannon, Christian, Cunningham, Darden 
Dickson, Douthitt, Durham, Ellison, Foy, Fuller, Graham 
Green, Hearne, Headen, Hicks, Holmes, Houston, Howard 
Joyce, Kittrell, McDuffie, McNeill of Cumberland, McNeill of 
Harnett, Michal, Miller, Pettigrew, Phifer, Reid, Ruffin, San- 
ders, Shipp, Smith of Johnston, Smith of Macon, Sprouse, Star- 
buck, Strange, Strong of Mecklenburg, Strong of Wayne 
Thompson, Thornton, Turner, Wilson and Woodfin — 50. 

Mr. Badger moved to amend by striking out " to-morrow 
26th," and inserting "Thursday, 27th." 



108 JOURNAL OF THE [3d Session, 

Mr. Green moved to amend the amendment by inserting the 
words "sine die." 

Mr. Graham moved to lay the whole subject on the table, on 
which the ayes and noes were ordered, on motion of Mr. Badger, 
and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Battle of Nash, Battle of Wake, 
Berry, Bogle, Brodnax, Brown, Calloway, Cannon, Christian, 
Cunningham, Darden, Dickson, Douthitt, Durham, Ellison, 
Foster of Ashe, Foy, Gorrell, Graham, Hearne, Headen, Hicks, 
Holden, Houston, Jones of Rowan, Joyce, Long, Manning, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Mebane, 
Michal, Miller, Mitchell, Sanders, Smith of Johnston, Smith of 
Macon, Sprouse, Starbuck, Thomas of Carteret, Thornton, 
Turner, Williamson and Wilson — 46. 

Noes — Messrs. Badger, Battle of Edgecombe, Bunting, Cald- 
well, Councill, Dick, Foster of Randolph, Fuller, Gilmer, Green, 
Holmes, Howard, Kittrell, Lyon, Meares, Rayner, Reid, Ruffin, 
Shipp, Speed, Strange, Strong of Mecklenburg, Strong of 
Wayne, Thomas of Jackson, Washington and Woodfin — 26. 

On motion of Mr. Gilmer, the rule requiring a recess at 2 
o'clock, was suspended for this day. 

Mr. Strong, of Wayne, offered a resolution to pay the Door- 
keepers twenty-five dollars each for servant hire and extra ser- 
vices, during the present session, which passed the several 
readings under a suspension of the rules. 

On motion of Mr. Strange, the ordinance to raise troopa for 
the defense of the State, was taken up on the second reading. 

Mr. Rayner moved to amend the same as follows: "That 
the Governor of the State be authorized and requested to forth- 
with confer with the President of the Confederate States, to the 
end that when the troops herein provided for shall have been 
raised and organized, they shall be transferred to the Confed- 
erate service, on the condition that they shall be retained in the 
State of North Carolina for the special defence of the State, 
and thd Governor be further authorized and requested to confer 
with the President of the Confederate States toward obtaining 
arms and equipments for said troops when raised. 



1862.] STATE CONVENTION. 109 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported the ordinance to encourage the manufacture of wool 
and cotton cards as correctly enrolled, and the same was duly 
ratified. 

Mr. Michal offered the following amendment to Mr. Rayner's 
amendment: "Provided that the arrangement contemplated in 
the preceding section, by which said troops are to be paid, can- 
not be accomplished, the Governor is not authorized to raise the 
troops herein provided for. 

On this question the ayes and noes were ordered, on motion 
of Mr. Strange, and resulted in the negative, as follows : 

Ayes — Messrs. Badger, Battle of Wake, Berry, Bogle, Brown, 
Bryson, Calloway, Council], Cunningham, Dick, Douthitt, Elli- 
son, Foster of Ashe, Fuller, Graham, Green, Headen, Joyce, 
Manning, Michal, Mitchell, Phifer, Shipp, Sprouse, Starbuck, 
Thomas of Carteret, and Wilson — 28. 

Noes — Messrs. Battle of Edgecombe, Battle of Nash, Bun- 
ting, Caldwell, Cannon, Darden, Dickson, Durham, Edward", 
Foster of Randolph, Foy, Gilmer, Hearne, Holden, Holmes, 
Houston, Howard, Kittrell, Long, Lyon, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Meares, Mebane, Miller, 
Myers, Osborne, Pettigrew, Rayner, Reid, Rhodes, Ruffin, San- 
ders, Smith of Johnston, Speed, Strange, Strong of Mecklen- 
burg, Strong of Wayne, Thomas of Jackson, Thompson, Thorn- 
ton, Turner, Washington and Woodfin — 45. 

The amendment of Mr. Rayner was then agreed to. 

Mr. Ruflin moved to amend as follows : " That for the pur- 
pose of carrying out the foregoing provisions, the sum of fifteen 
millions of dollars is hereby appropriated out of any moneys in 
the Treasury not otherwise appropriated." 

On motion of Mr. Badger, the ordinance was laid on the table. 

The resolution to rescind the order for adjournment was then 
taken up, the question being on the amendment offered by Mr. 
Green, to adjourn sine die, on which the ayes and noes were 
ordered, on his motion, and resulted in the negative, as follows : 

Ayes — Messrs. Bunting, Cunningham, Darden, Durham, 
Foster of Ashe, Green, Hicks, Holmes, McDuffie, Michal, Miller, 



110 JOURNAL OF THE [3d Session, 

Osborne, Sanders, Strong of Mecklenburg, Strong of Wayne, 
Thompson and Thornton — 17. 

Noes — Messrs. Allison, Badger, Battle of Edgecombe, Battle 
of Nash, Battle of Wake, Berry, Bogle, Brodnax, Bryson, Cal- 
loway, Cannon, Christian, Councill, Dick, Dickson, Douthitt, 
Ellison, Fuller, Gilmer, Graham, Hearne, Headen, Holden, 
Howard, Joyce, Kittrell, Long, Manning, McNeill of Cumber- 
land, McNeill of Harnett, Meares, Mebane, Myers, Pettigrew, 
Phifer, Rayner, Reid, Rhodes, Ruffin, Shipp, Smith of John- 
ston, Smith of Macon, Speed, Sprouse, Starbuck, Strange, 
Thomas of Jackson, Turner, Washington, Williamson, Wilson 
and Woodfin — 52. 

^ The question then recurred on the amendment of Mr. Badger, 
on which the ayes and noes were ordered, on motion of Mr. 
McDuffie, and resulted in the negative, as follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Battle of Wake, 
Brodnax, Bunting, Cannon, Councill, Dick, Gilmer, Holmes, 
Howard, Kittrell, Long, Manning, McNeill of Cumberland, 
Meares, Osborne, Pettigrew, Rayner, Rhodes, Ruffin, Shipp, 
Speed, Starbuck, Strange, Strong of Mecklenburg, Strong of 
Wayne, Thomas of Carteret, Thomas of Jackson, Thompson, 
Turner, Washington and Woodfin — 33. 

Noes — Messrs. Allison, Battle of Nash, Berry, Bogle, Bry- 
son, Calloway, Christian, Cunningham, Darden, Dickson, 
Douthitt, Durham, Ellison, Foster of Ashe, Fuller, Graham, 
Green, Hearne, Headen, Hicks, Holden, Joyce, Lyon, McDuffie, 
McNeill of Harnett, Mebane, Michal, Miller, Myers, Phifer, 
Reid, Sanders, Smith of Johnston, Smith of Macon, Sprouse, 
Thornton and Wilson — 37. 

Mr. Graham moved to amend by striking out "4 P. M.," 
and inserting " 3 P. M.," on which the ayes and noes were 
ordered, on motion of Mr. Badger, and resulted in the affirma- 
tive, as follows : 

Ayes — Messrs. Allison, Battle of Edgecombe, Battle of 
Nash, Battle of Wake, Berry, Bryson, Bunting, Caldwell, Coun- 
cill, Dick, Durham, Ellison, Fuller, Graham, Headen, Hicks, 
Holden, Holmes, Joyce, Long, McNeill of Harnett, Meares, 



1862.] STATE CONVENTION.. Ill 

Mebane, Miller, Osborne, Phifer, Reid, Sanders, Smith of John- 
ston, Smith of Macon, Sprouse, Starbuck, Strong of Mecklen- 
burg, Strong of Wayne, Thomas of Carteret, and Thornton — 06. 

Noes — Messrs. Badger, Bogle, Brodnax, Calloway, Cannon, 
Christian, Cunningham, Darden, Dickson, Foster of Ashe, Gil- 
mer, Howard, Kittrell, McDuffie, McNeill of Cumberland, 
Michal, Myers, Pettigrew, Rayner, Rhodes, Ruffin, Shipp, 
Strange, Thomas of Jackson, Thompson, Turner, Washington, 
Wilson and Woodfin — 29. 

The resolution as amended was then adopted. 

On motion of Mr. Graham, the Convention took a reeeea 
until 4 o'clock. 



4 O'clock, P. M. 

Mr. Woodfin moved a call of the House, which being ordered, 
the roll was called and the following tnembers answered to their 
names : 

Messrs. Allison, Badger, Battle of Edgecombe, Battle of 
Nash, Battle of Wake, Berry, Brodnax, Brown, Bryson, Bun- 
ting, Caldwell, Cannon, Counoill, Cunningham, Darden, Dick- 
son, Durham, Edwards, Ellison, Foy, Fuller, Gilmer, Gorrell, 
Graham, Headen, Holmes, Howard, Joyce, Long, Manning, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Mebane, 
Michal, Osborne, Pettigrew, Phifer, Rayner, Reid, Rhodes, 
Ruffin, Shipp, Smith of Johnston, Smith, of Macon, Speed, 
Starbuck, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thomas of Carteret, Thomas of Jackson, Thompson, Thornton, 
Turner, Washington, Wilson and Woodfin — Present, 58. 

There not being a quorum present, the Doorkeepers were 
ordered to bring in the absent members. 

Messrs. Dick, Green, Kittrell and Mitchell {subsequently 
appeared in their seats, thus completing a quorum. 

Mr. Badger moved to take up the ordinance to raise troops 
for the defense of the State, on which the ayes and noes were 
ordered, and resulted in the affirmative, as follows : 
50 



112 JOURNAL OF THE [3d Session, 

Ayes— Messrs. Badger, Battle of Edgecombe. Battle of Nash, 
Brodnax, Brown, Bunting, Caldwell, Cannon, Darden, Dickson, 
Edwards, Foy, Holmes, Howard, Kittrell, Long, Manning, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares. 
Mebane, Osborne, Pettigrew, Rayner, Reid, Rhodes, Ruffin, 
Smith of Johnston, Speed, Strange, Strong of Mecklenburg, 
Strong of Wayne, Thomas of Jackson, Thompson, Thornton, 
Tnrner and Washington — 38. 

Noes — Messrs. Allison, Battle of Wake, Berry, Bryson, 
Councill, Cunningham, Dick, Durham, Ellison, Fuller, Gilmer. 
Gorrell, Graham, Green, Ileaden, Joyce, Michal, Phifer, Shipp, 
Smith of Macon, Starbuck, Wilson and Woodfin — 23. 

The pending question being on the amendment of Mr. Ruffin, 

Mr. Strange moved to amend the amendment by striking out 
"fifteen," and inserting "three," on whioh the ayes and noes 
were ordered, and resulted in the affirmative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
nax, Bryson, Bunting, Caldwell, Councill, Cunningham, Darden, 
Dickson, Durham, Edwards, Foy, Gilmer, Holmes, Howard, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
Pettigrew, Rayner, Reid, Rhodes, Speed, Strange, Strong of 
Mecklenburg, Strong of Wayne, Thomas of Jackson, Thompson, 
Thornton, Turner, Washington and Woodfin — 34. 

Noes — Messrs. Allison, Badger, Battle of Wake, Berry, 
Brown, Cannon, Dick, Ellison, Fuller, Gorrell, Graham, Green, 
Headen, Joyce, Kittrell, Long, Manning, Mebane, Michal, Os- 
borne, Phifer, Ruffin, Shipp, Smith of Macon, Spruill of Tyr- 
rell, Starbuck and Wilson— 27. 

Mr. Rayner moved to amend the amendment as follows : "and 
in case the Governor shall fail to make such satisfactory arrange- 
ment with the President of the Confederate States for the 
transfer of these troops to the Confederate service, then this 
ordinance shall be considered as of no effect." 

Mr. Michal moved to lay the whole subject on the table, on 
which the ayes and noes were ordered, on motion of Mr. Meares, 
and resulted in the affirmative, as follows : 



1862.] STATE CONVENTION. 118 

Ayes — Messrs. Allison, Badger, Battle of Wake, Berry, 
Brown, Bryson, Christian, Councill, Cunningham, Dick, Ellison, 
Fuller, Gorrell, Graham, Green, Elearne, Headen, Joyce, Long, 
Manning, Mebane, Michal, Mitchell, Osborne, Phifer, Ruffin, 
Shipp, Smith of Macon, Starbuck, Strong of Meoklenburg, 
Wilson and Woodfin — -32. 

Noes— Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
nax, Bunting, Caldwell, Cannon, Darden, Dickson, Edwards, 
Holden, Holmes, Howard, Jones of Rowan, McDuffie, McNeill 
of Cumberland, McNeill of Harnett, Meares, Pettigrew, Ray- 
ner, Reid, Rhodes, Speed, Spruill of Tyrrell, Strange, Strong 
of Wayne, Thomas of Jackson, Thompson, Thornton, Turner 
and Washington — 30. 

On motion of Mr. Woodfin, the ordinance to provide for the 
funding of the debt of the State was taken up, and passed the 
second reading. 

On motion of Mr. Graham, the ordinance was ordered to be 
printed. 

On motion of Mr. Rayner, the Convention proceeded to the 
consideration of the ordinance to tax money. 

Mr. Rayner moved the following amendment : " Provided, 
that this ordinance shall not apply to any person who has less 
than one hundred dollars to list;" and it was agreed to. 

Mr. Dick moved to add, after the words, " bank notes," the 
words, " and notes of the Confederate States," which was 
agreed to. 

Mr. Wilson moved to add the words, ''and treasury notes of 
this State," and it was not agreed to. 

Mr. Rayner moved the following as an additional section. 
" That this ordinance may be modified or repealed by the Gen- 
eral Assembly," which was adopted. 

The ordinance aa amended then passed the third reading, and 
■was ordered to be enrolled. 

Mr. Thompson, from the select committee on the subject, 
reported back the ordinance regulating the appointment of Com- 
pany Officers, with a substitute therefor. 



114 JOURNAL OF THE [Sd Session, 

Ou motion of Mr. Gorrell, the rules were suspended and the 
ordinance passed the several readings, and ordered to be enrolled. 

Mr. Battle, of Wake, moved to take up the ordinance con- 
cerning the organization of the drafted militia, and the motion 
prevailed. 

The ordinance was read the second time. 

Pending the consideration thereof, 

On motion of Mr. Michal, the Convention adjourned to nine 
o'clock to-morrow morning. 



IN CONVENTION, Wednesday, February 26, 1862. 

The President called the Convention to order pursuant to 
adjournment. 

The journal of yesterday was read and approved. 

Mr. Strange introduced an ordinance, conferring on the Com- 
missioners of the Town of Wilmington, certain powers for the 
defense of said town, which passed the first reading. 

He moved to suspend the rules and put the ordinance on its 
several readings to-day. The motion prevailed, and the ordi- 
nance was read the second time. 

Mr. Howard moved to amend as follows : 

" Be it further ordained, That whenever the commanding 
officer shall certify that the expenses incurred by the Commis- 
sioners, under this ordinance, were necessary for the defense of 
the State, the same shall be a charge of the Public Treasury ; 
Provided, That application shall have first been made to the 
Confederate Government, and they shall have failed to assume 
the payment of the same for the space of six months after the 
application, and that the provisions of this ordinance shall also 
extend to Washington and Newbern." 

The amendment was adopted, and, as amended, the ordinance 
passed the second reading, and was read the third time. 

The question being on its final passage, Mr. Brown asked the 
yeas and nays, which were ordered, and resulted in the affirma- 
tive, as follows : 



1862.] STATE CONVENTION. 115 

Ayes — Messrs. Battle of Edgecombe, Battle of Naah, Brod- 
nax, Buuting, Caldwell, Cannon, Christian, Dardeu, Dickson, 
Durham, Edwards, Ellison, Foy, Fuller, Green, Holden, Holmes, 
Howard, Joyce, McDuffie, Meares, Mebane, Michal, Osborne, 
Pettigrew, Phifer, Reid, Rhodes, Smith of Macon, Speed, Spruill 
of Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thomas of Jackson, Thompson, Thornton, Turner, Washington 
and Woodfin — 40. 

Noes — Messrs. Allison, Badger, Battle of Wake, Berry, 
Brown, Bryson, Councill, Cunningham, Dick, Gilmer, Gorrell, 
Graham, Hearne, Headen, Jones of Rowan, Kittrell, Long, 
Manning, Rayner, Ruffin, Starbuck, Thomas of Carteret, and 
Wilson— 23. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled, " An Ordinance to tax money," 
and " An ordinance regulating the appointment of Company 
officers," and the same were duly ratified. 

Mr. Brown moved to take up the ordinance providing for the 
funding of Treasury notes, and the motion prevailed. 

Mr. Woodfin moved to amend the ordinance by adding to the 
first section the words, "said bonds being of the denominations 
of five hundred dollars and one thousand dollars, in equal pro- 
portions," and it was agreed to. 

Mr. Ruffin moved to strike out the words, " in current 
funds," and it was agreed to. 

By the same, to amend the 9th line by adding the words, 
" payable twenty years after date, or sooner, at the pleasure of 
the State," which was also agreed to. 

Mr. Woodfin moved to amend the 12th line by adding the 
words, " payable thirty years after the first day of January, 
1862," and the amendment was adopted. 

Mr. Graham moved to strike out "8" from the 11th line, and 
insert "7," on which the yeas and nays were ordered, on mo- 
tion of Mr. Berry, and resulted in the negative, as follows: 

Ayes — Messrs. Battle of Edgecombe, Berry, Brown, Bryson, 
Cannon, Ellison, Graham, Green, Hearne, McDuffie, McNeill of 
Cumberland, Meares, Starbuck, Thompson, Turner and Wil- 
son — 16. 



11« JOURNAL OF THE [3d BttfHOff, 

Nobs — Messrs. Allison, Badger, Battle of Nash, Battle of 
Wake, Brodnax, Bunting, Caldwell, Council!, Cunningham, Dick, 
Dickson, Durham, Edwards, Foy, Fuller, Gilmer, Gorrell, 
Headen, Holden, Holmes, Howard, Jones of Rowan, Joyce, 
Kittrell, Long, Manning, McNeill of Harnett, Mebane, Michal, 
Osborne, Pettigrew, Phifer, Rayner, Reid, Rhodes, Ruffin, 
Shipp, Smith of Macon, Spruill of Tyrrell, Strange, Strong of 
Mecklenburg, Strong of Wayne, Thomas of Carteret, Thomas 
of Jackson, Thornton, Washington and Woodfin — 47. 

Mr. Meares moved to strike out of the second section the 
words, " or Confederate States," and it was not agreed to. 

Mr. Ruffin moved to add, after the words, "school purposes," 
in the second section, the words, " and taxes for the poor," and 
it was agreed to. 

Mr. Woodfin moved to add to the third section the words, 
" Nor shall the Treasurer issue, in funding the six per cent, 
exchangeable bonds, and in payment against the State, more 
than one million five hundred thousand dollars in Treasury 
notes in addition to those already directed to be issued." 

Mr. Ruflin offered an amendment to the amendment, increas- 
ing the amount, which was agreed to — yeas 35, nays 29 — the 
yeas and nays being ordered, on motion of Mr. Graham, as 
follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Battle of Wake, 
Berry, Brodnax, Brown, Caldwell, Cannon, Council, Cunning- 
ham, Dick, Edwards, Ellison, Fuller, Gorrell, Graham, Headen, 
Holden, Howard, Kittrell, Long, Manning, Mebane, Mitchell, 
Phifer, Rayner, Rhodes, Ruffin, Shipp, Smith of Macon, 
Speed, Starbuck, Thomas of Carteret, Washington and Wil- 
son — 35. 

Noes — Messrs. Allison, Battle, of Nash, Bryson, Bunting, 
Darden, Dickson, Dillard, Foy, Gilmer, Green, Hearne, Holmes, 
Joyce, McDuffie, McNeill of Cumberland, McNeill of Harnett, 
Meares, Michal, Osborne, Pettigrew, Reid, Spruill of Tyrrell., 
Strong of Mecklenburg, Strong of Wayne, Thomas of Jackson, 
Thompson, Thornton, Turner and Woodfin — 29. 
The amendment as amended was then agreed to. 



1862.] STATE CONVENTION. Hi 

Mr. Battle of Wake moved to amend the 4th section, by adding 
after the word, "dollars," the words, " in equal proportions," 
and it was agreed to. 

Mr. Ruffin moved to amend the 4th section by striking out 
the word3, "bylaw," so as to make it accord with the 57th 
section of the 34th chapter of the Revised Code, and it warn 
agreed to. 

Mr. Howard moved to reconsider the vote by which Mr. Ruf- 
fin's amendment to the amendment of Mr. Woodfin was agreed 
to, on which the yeas and nays were ordered, on his motion, and 
resulted in the negative, as follows : 

Ayes — Messrs. Battle of Nash, Bunting, Council, Darden, 
Dickson, Durham, Foy, Fuller, Green, Holmes, Howard, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
Michal, Osborne, Pettigrew, Phifer, Reid, Shipp, Spruill of 
Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thomas of Jackson, Thompson, Thornton, Turner, Washington 
and Woodfin — 31. 

Noes — Messrs. Allison, Badger, Battle of Edgecombe, Battle 
of Wake, Berry, Brodnax, Bryson, Caldwell, Cannon, Christian, 
Cunningham, Dick, Edwards, Ellison, Gilmer, Gorrell, Graham, 
Hearne, Headen, Holden, Joyce, Kittrell, Long, Manning, 
Mebane, Mitchell, Rayner, Rhodes, Ruffin, Speed, Starbuck, 
Thomas of Carteret, and Wilson — 33. 

Mr. Starbuck moved to amend the 7th section by striking 
out, "one million," and inserting, "two-fifths of the capital 
stock," and also to add to the section the words, " receive or 
have on hand at any one time," and the amendments were 
adopted. 

Mr. Battle, of Wake, introduced an additional section legalizing 
the act of the General Assembly providing for the issue of 
Treasury notes, and it was adopted. 

Mr. Woodfin offered an amendment, which was agreed to, 
authorizing the Treasurer and Comptroller to employ deputies 
to assist them in signing Treasury notes. 

Mr. Badger offered an amendment allowing the General As- 
sembly to modify or amend the ordinance, and it was agreed to. 



il& JOURNAL OF THE [8d Session, 

As amended the ordinance then passod the third reading, and 
was ordered to be enrolled. 

Mr. Rayner moved to take up the ordinance providing for 
the removal of slaves from the sections of the State threatened 
by the enemy. 

Mr. Graham, from the special committee to which was refer- 
red the Governor's communication and accompanying papers, 
reported back the same, and asked to be discharged from the 
further consideration of the subject, and the committee was dis- 
charged accordingly. 

Mr. Howard moved to go into secret session. The motion 
prevailed and the doors were closed. 

After some time spent in secret session the doors were opened 
and business in open session resumed. 

Mr. Meares ofiered a resolution directing the publication of 
the ordinances of the Convention, and it was adopted. 

Mr. Brown moved to take up the ordinance introduced yes- 
terday, to allow drafted militia to choose their own officers. 

The motion prevailed and the ordinance was read the second 
time. 

Mr. McDuffie moved to lay the ordinance on the table, on 
which the yeas and nays were ordered, on motion of Mr. Brown, 
and resulted in the negative, as follows : 

Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
nax, Bunting, Dickson, Durham, Edwards, Green, Jones of 
Rowan, McDuffie, Michal, Pettigrew, Phifer, Reid, Rhodes, 
Ruffin, Speed, Spruill of Tyrrell, Strange, Strong of Mecklen- 
burg, and Thornton — 20. 

Noes — Messrs. Allison, Badger, Battle of Wake, Berry, 
Brown, Bryson, Caldwell, Cannon, Christian, CounciJ, Cunning- 
ham, Darden, Dick, Ellison, Foy, Fuller, Gilmer, Gorrell, Gra- 
ham, Hearne, Headen, Holden, Holmes, Joyce, Long, Man- 
ning, McNeill of Cumberland, McNeill of Harnett, Meares, 
Mebane, Osborne, Shipp, Smith of Macon, Starbuck, Strong of 
Wayne, Washington and Woodfin — 37. 

(Not a quorum voting. )• 

Mr. Gilmer offered the following resolution, which was 
unanimously adopted, (Mr. Graham in the Chair) : 



1862.] STATE CONVENTION. U& 

Resolved, That the thanks of this Convention are due, and 
are hereby cordially tendered to thg Hon. Weldon N. Edwards, 
for the ability, assiduity, urbanity and impartiality which has 
uniformly, throughout the whole of the session, characterized 
his deportment in -the discharge of his duties as presiding officer 
of this body. 

The committee on Enrollments reported as correctly enrolled 
the ordinance to provide for the funding of the Treasury notes 
of the State, and the same was duly ratified. 

Mr. Starbuck moved a call of the House, and the motion was 
not seconded. 

The hour for adjournment being at hand, the President ad- 
dressed the Convention, thanking the members for the courtesy 
and kindness received at their hands during the session, ex- 
pressed confidence in the justice and final success of the cause 
in which we are engaged, and then declared the Convention 
adjourned to 12 o'clock, M., on the 21st of April next. 

[The journal of the last day of the session was kept by J. H. 
Moore, in the absence of the Principal Secretary.] 
51 



JOURNAL 



OF 



THE CONVENTION 



OF THE PEOPLE OF 



NORTH CAROLINA. 



Jpourtlj Sjcsaum. 



HELD IN APRIL AND MAY, 1862 



RALEIGI 

TER T' 

1862. 



JNO. W. SYME, PRINTER TO THE CONVENTION. 



JOURNAL 



OF THE 



STATE CONVENTION. 

FOURTH SESSION, 1862. 



IN CONVENTION, Monday, April 21, 18G2. 
. In pursuance of the order of adjournment, the Convention 
assembled this day and was called to order by the President. 

Richard S. Donnell, delegate elect from Beaufort County to 
fill the vacancy caused by the death of Wm. J. Ellison, appeared, 
produced his credentials and took his seat. 

The roll of members was then called, when the following 
answered to their names : 

Messrs. Allison, Badger, Barnes, Berry, Caldwell, Christian, 
Darden, Donnell, Douthitt, Durham, Edwards, Foster of Ran- 
dolph, Graham, Hearne, Headen, Holden, Kittrell, Leak of 
Richmond, Long, McNeill of Cumberland, McNeill of Harnett, 
Mitchell, Phifer, Rayner, Sanders, Satterthwaitc, Schenck, 
Smith of Johnston, Starbuck, Thompson, Thornton, Warren 
and Wilson — 33. 

There not being a quorum present, on motion of Mr. Gra- 
ham, the Convention adjourned to 10 o'clock to-morrow mornino-. 



IN CONVENTION, Tuesday, April 22, 1862. 
The President called the Convention to order pursuant to 
adjournment. The journal of the last day of last session, and 
the journal of yesterday were read and approved. 



4 JOURNAL OF THE [4th Session, 

Mr. Rayner introduced certain amendments to the rules, 
which lie over one day. 

The Convention then proceeded to the business on the calendar. 
On motion of Mr. Gilmer, the ordinance to provide for the 
completion of the Cape Fear and Deep River Improvement, was 
made the special order for Thursday next at 11 o'clock. 

The Convention then took up the question pending at the ad- 
journment of the last session, being the motion of Mr. McDuffie 
to lay on the table the ordinance in relation to the drafted mili- 
tia, when, by general consent, the same was informally passed 
over. 

Mr. Graham offered a resolution in relation to the tax on 
spirituous liquors. On motion the rules were suspended and the 
resolution adopted. 

The ordinance to establish the office of Lieutenant Governor 
was then read the second time ; the question being on the sub- 
stitute recommended by the committee. 

Mr. Headen moved to postpone the consideration of the sub- 
ject until the general report of the Executive committee shall 
come up for consideration, and it was not agreed to. 
The substitute of the committee was then adopted. 
Mr. Howard moved to amend by striking out the words, 

" clause ■ ," in the first section, and inserting the words, 

" section 19," which was agreed to. 

He also moved to amend by striking out the words " Speaker," 
in the second line of the 7th section, and inserting, the words, 
" President ;" also to insert the word, " Speaker," between the 
words, "or," and the words, " of the House of Commons," in 
the third line. 

Also, to strike out in line 3rd, section 5th, the word " Speak- 
er," and insert the word, " President," and the several amend- 
ments were agreed to. 

The ordinance as amended then passed the second reading. 
The ordinance in relation to the Cheraw and Coalfields Rail- 
road, was then read the second time. 

Mr. Christian moved to postpone the same and make it the 
special order for Friday next at 11 o'clock. 



1862.] STATE CONVENTION. 5 

Mr. Schenck moved that it bo indefinitely postponed, on 
which the ayes and noes were ordered, on motion of Mr. 
Schenck, and resulted in the negative, as follows : 

Ayes — Messrs. Bagley, Batchelor, Battle of Nash, Bunting, 
Cunningham, Darden, Dickson, Durham, Hargrove, Holmes, 
Howard, Kelly, Leak of Anson, McDuffie, Mearcs, Mitchell, 
Moseley, Rhodes, Royster, Sanders, Schenck, Setzer, Smith of 
Halifax, Smith of Johnston, Thompson, Thornton and Wil- 
liams— 27. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
Berry, Caldwell, Calloway. Christian, Dick, Douthitt, Eller, 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
Green, Hearne, Headen, Holden, Jones of Rowan, Joyce, Kit- 
trell, Long, Mann, McNeill of Cumberland, McNeill of Harnett, 
Mebane, Myers, Phifer, Rayner, Satterthwaite, Speed, Star- 
buck, Thomas of Carteret, Warren and Wilson — 37. 

The motion of Mr. Chrictian was then agreed to. 

On motion of Mr. Badger, Wm. R. Lovell Avas made Princi- 
pal Doorkeeper in place of James Page, resigned, and Drury 
King was appointed Assistant Doorkeeper. 

On motion of Mr. Badger, the Convention adjourned until 
10 o'clock to-morrow morning. 



, IN CONVENTION, Wednesday, April 23, 18G2. 

The President took the Chair and called the Convention to 
order. Prayer by Rev. Thomas. E. Skinner of the Baptist 
Church. 

The journal of yesterday was read and approved. 

Mr. Holden presented a memorial from B. Melchior in rela- 
tion to a system of domestic economy, which^ on hi3 motion, 
was referred to a select committee of three. 

Mr. Speed presented the credentials of D. McDonald Lind- 
say, delegate elect from Currituck county, in place of J. B 
Jones, resigned, whereupon he took his scat. 

Mr. Jones, of Rowan, introduced a resolution in relation to the 
Governor, which lies over one day. 



■ 



6 JOURNAL OF THE [4th Session, 

The amendment to the rules proposed by Mr. Rayner on yes- 
terday were then taken up, read and adopted, after being 
amended, on motion of Mr. Graham. 

Mr. Mitchell offered a resolution to withhold the payment of 
a certain claim allowed by the Board of Claims, because said 
claim has already been paid, and the resolution was adopted un- 
der a suspension of the rules. 

The Convention then proceeded to the consideration of the 
ordinance to establish the office of Lieutenant Governor, on the 
third reading. 

Mr. Graham , moved to lay the ordinance on the table, on 
which the ayes and noes were ordered, and resulted in the nega- 
tive, as follows: 

Ayes— Messrs. Allison, Bagley, Berry, Bogle, Cannon, 
Dick, Douthitt, Foster of Randolph, Graham, Green, Hearnc, 
ricaden, Houston, Jones of Rowan, Joyce, Kelly, Kittrell, 
Long, Mann, Mebane, Mitchell, Smith of Johnston, Speed, 
Starbuck, Thomas of Carteret, and Wilson — 27. 

Noes — Messrs. Atkinson, Barnes, Batchelor, Battle of 
Edgecombe, Bryson, Bunting, Caldwell, Calloway, Cunningham, 
Darden, Dickson, Durham, Edwards, Eller, Foster of Ashe, 
Fuller, Gilmer, Gorrell, Holden, Holmes, Howard, Johnston, 
Leak of Richmond, Manning, McDuffie, McNeill of Cumberland, 
McNeill of Harnett, Meares, Moseley, Myers, Osborne, Ray- 
ner, Rhodes, Royster, Sanders, Schenck, Setzer, Smith of 
Halifax, Spruill of Tyrrell, Strange, Thompson, Thornton, 
Williams and Williamson — 46. 

Mr. Graham then moved to amend the ordinance as follows : 
Strike out of the 1st line of the 4th section, the words between 
"the" and "absence," and inserting so as to make it read, 
"in case of the absence of the Governor from the State," &c. ; 
on which the ayes and noes were ordered, on motion of Mr. 
Howard, and the amendment was lost, as follows : 

Ayes — Messrs. Allison, Bagley, Berry, Bryson, Cannon, 
Christian, Dick, Donnell, Douthitt, Edwards, Foster of Ashe, 
Foster of Randolph, Gorrell, Graham, Green, Hearnc, Ileaden, 
Houston, Jones of Rowan, Joyce, Kelly, Kittrell, Lindsay, Long, 



1862.] STATE CONVENTION. 7 

Mann, Manning, Mebane, Mitchell, Osborne, Sanders, Satter- 
thwaite, Setzer, Smith of Johnston, Speed, Spruill of Tyrrell, 
Starbuck, Thomas of Carteret, Warren and "Wilson — 40. 

Noes — Messrs. Atkinson, Barnes, Batchelor, Battle of Edge- 
combe, Battle of Nash, Bogle, Bunting, Caldwell, Calloway, 
Cunningham, Darden, Dickson, Durham, Fuller, Holden, 
Holmes, Howard, Johnston, Leak of Richmond, McDuffie, 
McNeill of Cumberland, Meares, Moseley, Myers, JPhifer, 
Rayner, Ruffin, Schenck, Strange, Strong of Wayne, Thomp- 
son, Thornton and Williamson — 34. 

Mr. Graham also moved to -strike out the word, " acquittal," 
and it was agreed to. 

Mr. Howard moved to insert the word " his " after the 
word " State," — the word, " temporary " before the word " in- 
ability," and to strike out the word "temporarily," in the third 
line, and the amendments were agreed to. 

He also moved to amend by striking out of line 4, the words, 
'" and compensation," also to insert the word " and " before the 
word " powers," which amendments were adopted. 

Mr. Graham moved to strike out the 5th, 6th and 7th sec- 
tions, and it was not agreed to. 

He then moved to strike out the 6th section, on which the 
ayes and noes were ordered, on motion of Mr. Howard, and re- 
sulted in the negative, as follows : 

Ayes — Messrs. Allison, Atkinson, Badger, Barnes, Berry, 
Bryson, Cannon, Christian, Douthitt, Eller, Foster of Randolph, 
Gorrell, Graham, Green, Hearne, Headen, Houston, Jones of 
Rowan, Joyce, Kelly, Kittrell, Lindsay, Long, Manning, Mitchell, 
Sanders, Satterthwaite, Smith of Johnston, Speed, Starbuck, 
Thomas of Carteret, Warren and Wilson — 33. 

Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
Battle of Nash, Bunting, Caldwell, Calloway, Cunningham, Dar- 
den, Dickson, Durham, Edwards, Foster of Ashe, Fuller, Holden, 
Holmes, Howard, Leak of Richmond, McDuffie, McNeill of Cum- 
berland, McNeill of Harnett, Meares, Moseley, Osborne, Phifer, 
Rayner, Rhodes, Ruffin, Schenck, Setzer, Smith of Halifax, 
52 



8 JOURNAL OF THE [4th Session, 

Strong of Wayne, Thompson, Thornton, Williams and William- 
son — 36. 

Mr. Badger moved the following as an additional section : 
" That this ordinance shall only have effect and operation in re- 
spect to the next ensuing election for Governor. 

Pending the consideration of this amendment, 

The President laid before the Convention a communication 
from the Governor in relation to speculation upon the necessi- 
ties of life, which, on motion of Mr. Osborne, was referred to a 
a select committee. 

A!- , i letter from the Comptroller of Public Accounts, in 
reply to a resolution adopted yesterday, which, on motion of 
Mr. Badger, was referred to the committee on Finance. 

On motion of Mr. Badger, the Convention adjourned until 
10 o'clock to-morrow morning. 



IN CONVENTION, Thursday, April 24, 18G2. 

The President took the chair and called the Convention to order. 

The journal of yesterday was read and approved. 

The President announced the committee on the memorial of 
B. Mclchior, as follows : Messrs. Holden, Donnell and Dick. 

And on the message of the Governor: Messrs. Osborne, Gil- 
mer, Dickson, Rayner and Schenck. 

At Mr. Osborne's request he was excused from serving on the 
committee, and Mr. Strange was appointed in his place. 

The President laid before the Convention a communication 
from our Senators and Representatives in Congress, enclosing 
certain documents in relation to the battle of Roanoke Island. 

On motion of Mr. Graham, it was laid on the table, and the 
letter ordered to be printed. 

Mr. Graham offered an ordinance to provide for the vacancy 
in the office of Governor, which passed its first reading. 

The resolution introduced by Mr. Jones, of Rowan, on yester- 
day, was now taken up. 

Mr. Jones, of Rowan, moved to lay the same on the table, 
and it was agreed to. 



1862.] STATE CONVENTION. 

Mr. Speed presented a petition from J. M. Perry, of Tyrrell 
county, asking that he be allowed to continue the distillation of 
grain, which, on his motion, was ordered to lie on the table. 

Mr. Badger presented a petition from the Society of Friends 
or Quakers, in relation to their exemption from military service, 
which, on his motion, was laid upon the table. 

The unfinished business of yesterday was now taken up, the 
question being on Mr. Badger's amendment to the ordinance to 
create the office of Lieutenant Governor. 

By consent, Mr. Badger withdrew his amendment, and the 
question recurred on the passage of the ordinance. 

Mr. Badger moved to lay the subject on the table, on which 
the ayes add noes were ordered, on motion of Mr. Howard, and 
resulted in the affirmative, as follows: 

Ayes — Messrs. Allison, Atkinson, Badger, Barnes, Battle of 
Wake, Berry, Bogle, Bryson, Calloway, Cannon, Christian, 
Dick, Donnell, Douthitt, Eller, Foster of Ashe, Foster of Ran- 
dolph, Gilmer, Gorrell, Graham, Green, Hearne, Headen, 
Houston, Jones of Rowan, Joyce, Kelly, Kittrell, Lindsay, 
Long, Mann, Manning, Mebane, Mitchell, Ruffin, Sanders, Sat- 
terthwaite, Smith of Johnston, Speed, Spruill of Tyrrell, Star- 
buck, Thomas of Carteret, Warren and Wilson — 44. 

Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
Battle of Nash, Brown, Bunting, Caldwell, Cunningham, Dick- 
son, Durham, Edwards, Fuller, Holden, Holmes, Howard, 
Johnston, Leak of Richmond, McDowell of Burke, McDuifie, 
McNeill of Cumberland, McNeill of Harnett, Meares, Moseley, 
Myers, Osborne, Phifer, Rhodes, Royster, Schenck, Setzer, 
Smith of Halifax, Strange, Strong of Wayne, Thompson, 
Thornton, Williams and Williamson — 88. 

Mr. Badger moved that the Convention now consider the or- 
der heretofore introduced in regard to a disposition of the con- 
stitutional amendments embraced in certain resolutions ^reed 
to on motion of Mr. Graham. 

On this question the ayes and noes were ordered, on motion 
of Mr. Badger, and resulted in the affirmative, as follows : 



10 JOURNAL OF THE [4th Session, 

Ayes — Messrs. Allison, Atkinson, Badger, Barnes, Batchelor, 
Battle of Wake, Berry, Bogle, Brown, Bryson, Calloway, Can- 
non, Christian, Dick, Donnell, Douthitt, Eller, Foster of Ashe, 
Foster of Randolph, Fuller, Gilmer, Gorrell, Graham, Hearnc, 
Headen, Holden, Houston, Jones of Rowan, Joyce, Kittrell, 
Lindsay, Long, Mann, Manning, Mebane, Mitchell, Osborne, 
Phifer, Ruffin, Sanders, Satterthwaite, Smith of Johnston, 
Speed, Spruill of Tyrrell, Starbuck, Thomas of Carteret, War- 
ren and Wilson — 48. 

Noes — Messrs. Bagley, Battle of Edgecombe, Battle of Nash, 
Bunting, Caldwell, Cunningham, Dickson, Durham, Edwards, 
Holmes, Howard, Johnston, Kelly, Leak of Richmond, Mc- 
Dowell of Burke, McDuffie, McNeill of Cumberland, McNeill 
of Harnett, Meares, Moseley, Myers, Rhodes, Royster, Schenck, 
Smith of Halifax, Strange, Strong of Wayne, Thompson, 
Thornton, Williams and Williamson — -31. 

Mr. Howard moved to amend by adding the following: 
" Provided, That no amendments to the Constitution shall be 
considered at the present session of the Convention," on which 
the ayes and noes were ordered, on motion of Mr. Howard, and 
resulted in the affirmative, as follows: 

Ayes — Messrs. Atkinson, Bagley, Batchelor, Battle of 
Edgecombe, Battle of Nash, Brown, Bunting, Caldwell, Cun- 
ningham, Dickson, Durham, Edwards, Holmes, Howard, John- 
ston, Jones of Rowan, Leak of Richmond, Lindsay, McDowell 
of Burke, McDuffie, McNeill of Cumberland, McNeill of Har- 
nett, Meares, Mosely, Myers, Osborne, Rayner, Royster, San- 
ders, Satterthwaite, Schenck, Smith of Halifax, Spruill of 
Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thompson, Thornton, Williams and Williamson — 41. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
Berry, Bogle, Bryson, Calloway, Cannon, Christian, Dick, Don- 
nell, Douthitt, Eller, Foster of Ashe, Foster of Randolph, Gil- 
mer, Gorrell, Graham, Green, Hearne, Headen, Holden, Hous- 
ton, Joyce, Kittrell, Long, Mann, Manning, Mebane, Mitchell, 
Phifer, Rhodes, Ruffin, Smith of Johnston, Speed, Starbuck, 
Thomas of Carteret, Warren and Wilson — 40. 



1862.] STATE CONVENTION. 11 

The question then recurring on the adoption of the order as 
amended, the ayes and noes were ordered, on motion of Mr. 
Howard. 

Before the vote was taken, on motion of Mr. Graham, the 
subject was laid upon the tabic. 

On motion of Mr. Badger the Convention adjourned to 10 
o'clock to-morroAv morning-. 



IN CONVENTION, Friday, April 25, 1862. 

The President called the Convention to order. Prayer by 
Rev. J. M. Atkinson, of the Presbyterian Church. 

The journal of yesterday was read and approved. 

Mr. Michal presented a petition from sundry citizens of Ruth- 
erford county, prayer the speedy adjournment of this Conven- 
tion, which, on his motion, was ordered to lie on the table. 

Mr. Rayner introduced an ordinance in regard to the hold- 
ing of the courts in Hertford county, which passed its first reading. 
On his motion the rules vrere suspended, and the ordinance read 
the second and third times, passed, and ordered to be enrolled. 

Mr. Gorrell introduced an ordinance in relation to the elec- 
tion of Governor, which passed its first reading. 

Mr. Howard offered the following : 

Resolved, That on Wednesday, the 30th of April, 1862, this 
Convention will adjourn sine die. 

Lies over under the rule. 

Mr. Howard introduced an ordinance amendatory of "An 
Ordinance to raise North Carolina's quota of Confederate troops, 
ratified the 19th day of February, 1862," which passed the 
first reading. 

On motion of Mr. Badger, the Convention took up for con- 
sideration the ordinance to exempt members of the Society of 
Friends from the performance of military duty. 

Pending the consideration of the subject, the hour arrived to 
take up the special order of the day, which, on motion of Mr. 
Badger, was postponed until the ordinance under consideration 
should be disposed of. 



12 JOURNAL OF THE [4th Session, 

On motion of Mr. Warren, after considerable discussion, the 
further consideration of the subject was postponed until to-mor- 
row. 

Mr. Warren then announced to the Convention the death of 
Wm. J. Ellison, late a member of this body from Beaufort 
county, and introduced the following resolutions, which were 
unanimously adopted : 

Resolved, That this Convention has heard, with deep regret, 
the intelligence of the demise, on the 6th of March last, of 
William J. Ellison, a delegate from the county of Beaufort. 

Rrsolved, That it is the sense of this Convention that it has 
lost by this event, an able, upright, and useful member of this 
body, distinguished by industry, by devotion to his public trust, 
and by an intelligent performance of his duties as a representa- 
tive, and that we bear cheerful testimony to his worth as a man, 
and to his integrity and capacity as a public servant. 

Resolved, That we tender our sympathy to the family of the 
deceased, and that in token of respect for his memory we will 
wear the usual badge of mourning. 

Resolved, That as a further token of respect this Convention 
do now adjourn. 

The Convention then adjourned to 10 o'clock to-morrow 
morning. 



IN CONVENTION, Saturday, April 26, 1862. 

The President called the Convention to order. 

The journal of yesterday was read and approved. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled, a resolution in relation to a cer- 
tain claim allowed by the Board of Claims, which had already 
been paid, and an .ordinance in regard to holding the courts in 
and for the county of Hertford, and the same were duly ratified. 

Mr. Atkinson introduced an ordinance for the relief of the 
Banks of this State, which passed the first reading. 



1862.] STATE CONVENTION. 13 

On motion of Satterthwaite, tho rules were suspended, the 
ordinance read the second and third times, passed, and ordered 
to be enrolled. 

Mr. Howard's resolution fixing a day of adjournment, was 
now taken up. 

Mr. Satterthwaite moved to lay the resolution on the table, 
on which the ayes and noes were ordered, on motion of Mr. 
Howard, and resulted in the affirmative, as follows: 

Ayes — Messrs. Allison, Atkinson, Bagley, Barnes, Batchclor, 
Battle of Wake, Berry, Brown, Bryson, Calloway, Cannon, 
Christian, Dick, Douthitt, Eller, Foster of Randolph, Fuller, 
Gilmer, Gorrell, Graham, Green, Hearne, Ileaden, Ilolden, 
Joyce, Kittrell, Long, Mann, Manning, McNeill of Cumberland, 
McNeill of Harnett, Meares, Mebane, Rhodes, Ruffin, Sanders, 
Satterthwaite, Smith of Johnston, Starbuck, Warren, Washing- 
ton and Wilson — 42. 

Noes — Messrs. Battle of Edgecombe, Battle of Nash, Bunt- 
ing, Caldwell, Cunningham, Dickson, Durham, Edwards, Foster 
of Ashe, Greenlee, Hargrove, Holmes, Houston, Howard, 
Johnston, Kelly, Leak of Anson, Leak of Richmond, Lindsay, 
Lyon, McDowell of Burke, McDuffie, Michal, Mitchell, Mose- 
ley, Myers, Rayner, Royster, Schenck, Setzer, Smith of Hali- 
fax, Speed, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thomas of Carteret, Thompson, Thornton, Williams and Wil- 
liamson — 40. 

Mr. Graham's ordinance in regard to the election of Gover- 
nor, was read the second time. 

Mr. Gorrell moved as a substitute the ordinance on the same 
subject, heretofore introduced by him, aud the same was accept- 
ed by Mr. Graham, and the question recurred on the passage 
of the ordinance as thus amended. 

Mr. Barnes moved to amend the 4th section by striking out 
of the 3rd line, the words "in the Executive office," and insert- 
ing the word "and" before the word "take," which was 
agreed to. 

Mr. Gorrell moved to amend the first section by striking out 
all after the word " September," and inserting " until his suc- 
cessor shall have been qualified." Agreed to. 



14 JOURNAL OF THE [4tii Session, 

Mr. Gorrell moved to amend the 8th line of tho 3rd section 
by striking out all after the word "until," and inserting "his 
successor shall be qualified." Agreed to. 

Mr. Green moved to strike out the 5th section, on which the 
ayes and noes were ordered, on motion of Mr. Howard, and 
resulted in the negative, as follows : 

Ayes — Messrs. Green and Smith of Johnston — 2. 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
Batchelor, Battle of Edgecombe, Battle of Nash, Battle of 
Wake, Berry, Bogle, Brodnax, Brown, Bryson, Bunting, Cald- 
well, Calloway, Cannon, Christian, Cunningham, Dick, Dickson, 
Douthitt, Durham, Edwards, Eller, Foster of Ashe, Foster of 
Randolph, Fuller, Gilmer, Gorrell, Graham, Greenlee, Har- 
grove, Hearne, Headen, Holden, Holmes, Houston, Howard, 
Johnston, Jones of Rowan, Joyce, Kelly, Kittrell, Leak of An- 
son, Leak of Richmond, Lindsay, Long, Lyon, Mann, Man- 
ning, McDowell of Burke, McDuffie, McNeill of Cumberland, 
McNeill of Harnett, Meares, Mebane, Michal, Mitchell, Mose- 
ley, Myers, Rayner, Rhodes, Royster, Rnffin, Sanders, Schenck, 
Setzer, Smith of Halifax, Speed, Starbuck, Strange, Strong of 
Mecklenburg, Strong of Wayne, Thomas of Carteret, Thomp- 
son, Thornton, Washington, Williams, Williamson and Wil- 
son — 81. 

Mr. Smith, of Halifax, moved to amend by striking out of 
the third section the words "in the Executive office, and," 
which was agreed to. 

Also, by striking out of the 2nd section the words " to the 
seat of government and delivers," which was agreed to. 

Mr. Howard moved to strike out all except the enacting 
clause, and insert, " That the true construction of the Consti- 
tution is, that upon the death of the Governor, the office 
devolves upon the person designated by the Constitution to exer- 
cise the powers of the Governor for the residue of the guber- 
natorial term. 

Mr. Battle, of Wake, asked for a division of the question so 
that the vote should first be taken on striking out. 



1862.] - STATE CONVENTION. 15 

The division being ordered, the ayes and noes were ordered, 
on motion of Mr. Howard, upon the question of striking ont. 
and resulted in the negative, as follows : 

Ayes — Messrs. Batchelor, Battle of Edgecombe, Battle of 
Nash, Bunting, Caldwell. Calloway, Dickson, Durham, Edwards, 
Duller, Green, Greenjee, Holmes, Howard, Johnston, McDowell 
of Burke, McDuffie, McNeill of Cumberland, McNeill of Har- 
nett, Michal, Mitchell, Moseley, Rayner, Rhodes, Ruffin, 
Schenck, Setaer, Smith of Halifax, Strange, Strong of Meck- 
lenburg, Strong of Wayne, Thomas of Carteret, and Wil- 
liams — -3-5. 

Noes — Messrs. Allison. Atkinson, Badger, Bnglqy, Barnes, 
Battle of Wake, Berry, Bogle. Brown, Bryson, Cannon, Chris- 
tian, Dick, Donnell, Douthitt, Elier, Foster of Ashe, Foster of 
Randolph, Gilmer, Gorreil, Graham, Hearne, Headen, Holden, 
Jones of Rowan, Joyce, Kelly, Kittrell, Leak of Anson, Leal; 
of Richmond, Lindsay, Long, Lyon, Mann, Manning, Meares, 
Mehane, Myers,' Royster, Sanders, Satterthwaite, Smith of 
Johnston, Speed, Starbuck, Thompson, Thornton, Warren ; 
Washington, Williamson and Wilson — ~>7. 

Mr. Rayner moved to strike out all of the ordinance and 
insert the following : 

llcsolved, That His Excellency, Henry T. Clark, is, under 
the constitution of this State, Governor of the State until the 
first day of January, 1803 ; and that he is fully entitled and 
authorized to perform all the functions and duties of Governor, 
and to receive the salary provided by law, of said office, until 
the first day of January, 1863^ and until his successor is elected 
and qualified. 

That the Secretary of this Convention be directed to deliver 
a copy of the foregoing resolution to His Excellency, Henry T. 
Clark, and that he be requested to signify to this Convention his 
decision in regard to his exercising the functions of Governor, 
until the first day of January, 18(33. 

On motion of Mr. Badger the question was divided, and the 
vote ordered on striking out; on which the ayes and noes were 
53 



1G JOURNAL OF THE [4th Session, 

ordered, on motion of Mr. Battle, of Wake, and resulted in 

ihe negative, as follows: 

Ayes — Messrs. Batchelor, Battle of Edgecombe, Battle of 
Nash, Bunting} Caldwell, Calloway, Cunningham, Dickson, Dur- 
ham, Edwards. Fuller, Green, Greenlee, Holme?, Howard. 
Johnston, Lyon, McDowell of Burke, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Mich&l, Mitchell, Moseley, 
Rayner, Rhodes, Royster, Ruffin, Smith of Halifax. Strange, 
Strong of Mecklenburg, Strong of Wayne, Thomas of Carteret. 
Thornton and Williams— 35. 

Noes — Messrs. Allison. Atkinson, Badger, Bagley, Barnes. 
Battle of Wake, Berry, Bogle, Brown, Bryson, Cannon, Chris- 
tian. Dick, Donnell. Douthitt, Eller, Foster of Ashe, Foster of 
Randolph. Gilmer, GorreE, Graham, Hearne, Headen, Hoi den, 
Houston, Jones of Rowan, Joyce, Kelly, Kittrcll, Leak of 
Anson, Leak of Richmond. Lindsay. Long, Mann, Manning, 
Me&res, Mebane, Myers. Sanders. Satterthwaite, Schenek, Smith 
of Johnston. Speed. Starbuck, Thompson, -Warren, Washington. 
"Williamson and Wilson — 4'.'. 

Mr. Barnes moved to amend the 2d line nf the third section 
by striking out the word "third," and inserting the word 
'"fourth,'" and it was agreed to. 

Mr. Badger moved to amend by striking out the words "first. 
day," in the 8rd, 4th and 5th sections, respectively and insert- 
ing the words "second Monday," and it was agreed to. 

Mr. Ruffin moved to amend the 5th section by providing that 
the term of the Governor shall continue until his successor shall 
he qualified, and it was agreed to. 

The question then recurred on the passage of the ordinance, 
on which the ayes and noes were ordered, on motion of Mr. 
Howard, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Atkinson, Badger. Bagley, Barnes. 
Batchelor. Battle of Edgecombe. Battle of Nash, Battle of 
Wake, Berry, Bogle, Brown, Bryson, Bunting. Caldwell, Callo- 
way, Oannon, Christian. Cunningham, Dick, Douthitt, Durham. 
Eller, Foster of Ache, Foster of Randolph. Fuller, Gilmer, 
Gorrell. Graham, Greenlee, Hargrove, Hearne, Headen, IIol- 



1862.1 STATE CONVENTION. 17 

den. Holmes, Houston, Howard, John stun, Jones of Rowan, 
Joyce, Kelly, Kittrell, Leak of Anson, Leak of Richmond, 
Lindsay, Long. Lyon, Mann, Manning-, McDowell of Burke, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
Mebane, Michal, Moseley, Myers, Rhodes, Rqyster, Sanders, 
Satterthwaite, Schenck, Setzer, Smith of Halifax, Speed, Star- 
buck, Strong of Mecklenburg, Strong of Wayne, Thomas of 
Carteret, Thompson, Thornton, Warren, Washington, William- 
son and Wilson — 76. 

Noes — Messrs. Dickson, Edwards, Green. Mitchell, Ituftiu. 
Smith of Johnston, Strange ami Williams — 8. 

On motion, the rules were suspended, the ordinance read the 
third time and passed, and ordered to be enrolled. 

A message was received from His Excellency, the Governor, 
which enclosed a report from J. M. Worth, Salt. Commissioner, 
and a letter from Prof. Emmons, in relation to the Salt Well in 
Chatham county, which were read, and ordered to lie on the 
table and be printed. 

Mr. Meares offered the following: 

Resolved, That a committee be appointed to investigate into 
the necessity of the purchase of a burial ground for the soldiers 
now in the service at and near this city, and that they report 
by ordinance or otherwise. 

The rules were suspended and the resolution was adopted. 

On motion of Mr. Badger, the Convention took up the ordi- 
nance to exempt Quakers from military duty. 

Mr. G-orrell uttered the following as a substitute : That mem- 
bers of good standing in the Society of Friends, commonly 
known as Quakers, who shall produce a regular certificate of 
membership, shall be exempt from performing militia duty and 
military service. 

Mr. Howard moved to lay the subject on the table, on which 
the ayes and noes were ordered, on motion of Mr. Thomas, of 
Carteret, and resulted in the negative, as follows: 

Ayes — Messrs. Allison, Atkinson, Brown, Bryson, Bunting. 
Cunningham, Douthitt, Durham, Edwards, Eller, Foster of 
Ashe, Green, Greenlee, Hargrove, Kearne, Holmes. Howard. 



18 JOURNAL OF THE [4th Session, 

Johnstou, Joyce, Leak of Anson, Lindsay, Lyon, McDowell of 
Burke, McDuffie, McNeill of Cumberland, Michal, Moseley, 
Myers. Rayner, Royster, Schenck, Setzer, Smith of Halifax, 
Strange, Strong of Mecklenburg, Thompson, Thornton, Wil- 
liams and Williamson — 39. 

Noes — Messrs. Badger. Bagley, Batchelor, Battle of Wake, 
Berry, Bogle. Caldwell, Calloway. Cannon, Christian, Dick, 
Dickson, Dbnnell, Foster of Randolph, Fuller, Gilmer, Gorrell, 
Graham. Headen, Holden, Houston, Jones of Rowan, Kelly, 
Kittrell, Leak of Richmond, Long, Mann, Manning, McNeill 
of Harnett, Mebane, Rhodes, Ruffin, Sanders, Satterthwaite, 
Smith of Johnston, Speed, Starbuck, Strong of Wayne, Thomas 
of Carteret, Warren, Washington and Wilson — 42. 

Mr. Smith, of Halifax, moved to amend as follows : "Which 
exemption shall only extend to the bearing of arms," 

On this question the ayes and noes were ordered, on motion 
of Mr. McDuffie, and resulted in the negative, as follows : 

Ayes — Messrs. jAtkinson, Battle of Edgecombe, Brysou, 
Bunting, Cunningham, Durham, Foster of Ashe, Hargrove, 
Hearne, Johnston, Joyce, Lyon, McDowell of Burke, McDuffie, 
McNeill of Cumberland, McNeill of Harnett, Michal, Moseley, 
Myers, Rayner, Royster. Schenck, Setzer, Smith of Halifax. 
Thompson and Williamson — 26. 

Noes — Messrs. Allison, Badger, Bagley, Batchelor, Battle of 
Wake, Berry, Bogle, Caldwell, Calloway, Cannon, Christian, 
Dick, Dickson, Donnell, Douthitt, Eller, Foster of Randolph, 
Fuller, Gilmer, Gorrell, Graham, Green, Greenlee, Headen, 
Holden, Holmes, Houston, Jones of Rowan, Kelly, Kittrell, 
Leak of Anson. Leak of Richmond, Lindsay, Long, Mann, 
Manning, Mebane. Rhodes, Ruffin, Sanders, Satterthwaite. 
Smith of Johnston. Speed, Starbuck, Strange, Strong of Wayne, 
Thomas of Carteret, Thornton. Warren, Washington, Williams 
and Wilson — 53. 

Mr. Schenck moved to amend by adding the words, "required 
by the laws of this State." 

Mr. Jones, of Rowan, moved an adjournment, on which mo- 
tion the ayes and noes were ordered, on motion of Mr. Schenck. 
and resulted in the affirmative, as follows : 



1862.] STATE CONVENTION. 19 

Ayes — Messrs. Allison, Atkinson, Barnes, Batchelor, Battle 
of Wake, Bogle, Bryson, Bunting, Caldwell, Cunningham, 
Douthitt, Durham, Fuller, Greenlee, Hargrove, Holmes, How- 
ard, Jones of Rowan, Lindsay, Lyon, Mann, Manning, Mc- 
Dowell of Burke, McDuffie, McNeill of Cumberland, McNeill 
of Harnett, Michal, Myers, Rayner, Rhodes, Royster, Schenck, 
Setzer, Smith of Halifax, Strange, Strong of Wayne, Thomp- 
son, Thornton and Williams — 38. 

Noes — Messrs. Badger, Bagley, Berry, Brown, Calloway, 
Cannon, Christian, Dick, Dickson, Donnell, Foster of Asho. 
Foster of Randolph, Gilmer, Gorrell, Graham, Headen, Hous- 
ton, Johnston, Joyce, Kelly, Kittrell, Leak of Anson, Leak of 
Richmond, Long, Mebane, Mitchell, Moseley, Sanders, Satter- 
thwaite, Smith of Johnston, Speed, Starbuck, Strong of Meck- 
lenburg, Thomas of Carteret, Warren and Wilson — 36. 

The Convention then adjourned until to-morrow morning, 10 
o'clock. 



IN CONVENTION, Monday, April 28, 1862. 

The Convention met, the President in the chair. Prayer by 
Rev. Henry Hardie, of the Presbyterian Church. 

The journal of yesterday was read and approved. 

The President announced the following committee on the sub- 
ject of a burial ground for the soldiers, viz: Messrs. Meares. 
Battle of Wuke, Berry, Holden and Lyon. 

Mr. Howard introduced an ordinance to amend an ordinance 
to secure certain officers and soldiers the right to vote, which 
passed its first reading. 

Mr. Warren offered a resolution in regard to the assessment 
and collection of taxes in certain counties, which was adopted 
under a suspension of the rules. 

By Mr. Schenck, a resolution in relation to the report of the 
committee of the Confederate Congress in regard to the battle 
of Roanoke Island, which lies over one day, under the rule. 



20 JOURNAL OF THE [4th Session, 

On motion of Mr. Howard, the Convention took up the ordi- 
nance amendatory of the ordinance to raise North Carolina's 
quota of Confederate troops, on its second reading. 

Mr. Smith, of Halifax, moved to amend section 1 by adding 
the following: "And also to such conscripts as shall be called 
into service by virtue of the act of Congress at the time they 
are mustered into the Confederate service." 

On motion of Mr. Badger, the ordinance and amendment 
were referred to the committee on Military Affairs. 

Mr. Gilmer introduced an ordinance to complete ten brigades 
and tender them to the Confederate States, which passed its 
first reading. 

Mr. Strartge moved that at half-past one o'clock the Conven- 
tion sit with closed doors, which was agreed to. 

Mr. Leak, of Richmond, moved to take from the table the 
resolution of Mr. Howard, relating to adjournment. 

Mr. Cadger moved to lay the motion on the table, on^which 
the ayes and noes were ordered, on motion of Mr. Leak, of 
Richmond, and resulted in the negative, as follows: 

Ayes — Messrs. Allison. Badger, Barnes, Battle of Wake, 
Bogle, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
Poster of Randolph, Gilmer, Graham, Green, Joyce, Kittrell, 
Long, Mann. Manning, Mitchell, Phifer, Rhodes, Ruffin, Satter- 
thwaite, Spruill of Bertie, Starbuck and Wilson — 28. 

Noes —Messrs. Atkinson. Bagley, Batckelor, Battle of Edge- 
combe, Battle of Nash, Berry, Bunting. Dickson, Durham, Ed- 
wards, Hearne, Headen: Holmes, Houston, Howard, Jones of 
Rowan. Kelly, Leak of Anson. Leak of Richmond, Lindsay, 
Lyon, McDowell of Burke, McDuffie, Meares, Michal, Moseley, 
Kayner. Scnenck, Setzer, Smith of Halifax, Smith of Johnston, 
Strange, Strong of Mecklenburg, Strong of Wayne, Thompson, 
Thornton, William;-, Williamson and Wooten — 40. 
Mr. Graham called for the orders of the day. 
Mr. Leak, of Richmond, moved to postpone the special orders 
until his motion be disposed of, on which the ayes and noes were 
. dered on his moti n, and resulted ,in the negative, as follows: 



1862.] STATE CONVENTION. 21 

Ayes — Messrs. Atkinson, Bagley, Batchelor, Battle of Edge- 
combe, Battle of Nash, Bunting, Caldwell, Dickson, Durham. 
Edwards, Holmes, Howard, Jones of Rowan, Kelly, Leak of 
Anson, Leak of Richmond, Lyon, McDowell of Burke, Mc- 
Duffie, McNeill of Cumberland, Michal, Moseley, Rayner, 
Schenck, Setzer, Smith of Halifax. Strange, Strong of Meck- 
lenburg, Strong of Wayne. Thompson, Thornton. Williams, 
Williamson and Wooten — 

Noes — Messrs. Allison. Badger, Barnes, Battle of Wake, 
Berry, Bogle, Bryson, Calloway, Cannon, Christian, Dick, Don- 
nell, Douthitt, Foster of Randolph, Gilmer, Graham, Green. 
Hearne, Headen, Holden, Houston, Joyce, Kittrell, Long, 
Mann, Manning, Meares, Mitchell, Phifer, Rhodes, Ruffin, Sat- 
terthwaite, Smith of Johnston, Spruill of Bertie, Starbuck, 
Warren and Wilson — 37. 

The Convention then proceeded to the consideration of the 
special order, being the ordinance to exempt from military service, 
members of the Society of Friends, the pen ling question being 
on Mr. Schenck's amendment. 

On this question the ares and noes were ordered, on motion 
of Mr. Schenck, and resulted in the negative, as follows: 

Ayes — Messrs. Bagley, Batchelor, Battle of Edgecombe. 
Battle of Nash, Bunting, Caldwell, Durham, Holmes, Howard, 
Leak of Anson, Leak of Richmond, Lyon, McDowell of Burke, 
McDuffie, McNeill of Cumberland, Michal, Moseley, Myers. 
Phifer, Rayner. Schenck, Setzer, Smitb of Halifax. Spruill of 
Bertie, Strange, Strong of Mecklenburg, Strong of Wayne, 
Thompson, Thornton, Williams, Williamson and Wooten — 32. 

Noes — Messrs. Allison, Atkinson, Badger, Barnes, Battle of 
Wake, Berry, Bryson, Calloway, Cannon, Christian, Dick. Dick- 
son, Donnell, Douthitt, Foster of Randolph, Gilmer j Graham, 
Hearne, Headen. Holden, Houston, Jones of Rowan, Joyce, 
Kelly, Kittrell, Long, Mann, Manning, Meares. Rhodes, Ruf- 
fin, Satterthwaite, Smith of John-' . Starbuck, Warren and 
Wilson — do. 

Mr. Schenck then moved to amend as follows: "Provided, 
That as an equivalent for such service they shalL pay the sum 



22 .JOURNAL OF THE [4th Session, 

of one hundred dollars, and in case they arc unable to pay the 
same, the Governor shall have power to detail them to assist in 
the manufacture of* salt or to attend the hospitals of the State." 

Mr. Rayner moved to amend the amendment by inserting 
after the word "dollars," the words "to be levied and collected 
by the Sheriffs of the several counties as other Stale taxes:" 
which was agreed to. 

Mr. Barnes moved to amend by inserting after the word 
" dollars,'' the words, "when called for by the proper authority." 
which was agreed to. 

The question then recurred on the amendment as amended, 
on which the ayes and noes were ordered, on motion of Mr. 
Badger, and resulted in the affirmative, as follows : 

Ayes — Messrs. Atkinson, Bagley, Barnes, Battle of Nash, 
Bryson, Bunting, Caldwell, Cannon, Douthitt, Durham, Ed- 
wards, Hearne, Holmes, Howard, Joyce, Kittrell, Lindsay, 
Lyon, McDowell of Burke, McDuffie, McNeill of Cumberland. 
Michal, Mitchell, Moseley, Myers, Rayner, Schenck, Setzer, 
Smith of Halifax, Strange, Strong of Mecklenburg, Strong 
of Wayne, Thompson, Thornton. Williams, Williamson and 
Wooten — 37. 

Noes — Messrs. Allison, Badger, Bacchelor, Battle of Edge- 
combe, Battle of Wake, Berry, Bogle. Callo<,vay\ Dick, Dick- 
son, Donnell, Foster of Randolph, Gilmer, Graham. Headen, 
Holden, Houston, Jones of Rowan, Kelly, Leak of Anson, 
Leak of Richmond, Long, Mann, Phifer, Rhodes, Ruffin, Sat- 
terthwaite, Spruill of Bertie, Starbuck, Warren and Wilson — 31. 

On motion of Mr. Rayner, the amendment just adopted was 
further amended, by the insertion of a provision that the taxes 
thereby collected shall be used for the general purposes of the 
government. 

The hour having arrived, the Convention proceeded to sit 
with closed doors. 

After some time spent in secret session, the doors were again 
opened. 

Mr. Speed asked and obtained leave to have it staled on the 
journal that had he been in his seat when the vote on Mr. 



1862.] STATE CONVENTION. 23 

Schenck's amendment to the Quaker ordinance was taken, he 
•would have voted in the negative. 

On motion of Mr. Manning, leave of absence for the remain- 
der of the week was granted to Mr. Battle, of Wake. 

Mr. Jones, of Rowan, asked leave of absence for Mr. Fuller, 
which the Convention refused to grant. 

The President announced the following committee on the reso- 
lution in regard to the assessment and collection of taxes in 
certain counties : Messrs. Warren, Holmes, Satterthwaite, Can- 
non, Dick, Spruill of Bertie, and Strong of Wayne. 

On motion of Mr. Badger, the Convention adjourned until 10 
o'clock to-morrow morning. 



IN CONVENTION, Tuesday, April 29, 1862. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Dr. Mason, of the P. E. Church. 

The journal of yesterday was read and approved. 

The President announced the following committee on the 
report of the Salt Commissioner, and the letter of Prof. Em- 
mons : Messrs. Meares, Manning, Lindsay, Gilmer and Setzer. 

Mr. Strange, from the select committee on the Governor's 
message concerning the price of provisions, reported an ordinance 
on that subject, and recommended its passage, and the same 
passed the first reading. 

The ordinance and communication were ordered to be printed. 

Mr. Howard, from the committee on Military Affairs, report- 
ed back the ordinance amendatory of an ordinance to raise 
North Carolina's quota of Confederate troops, with a substitute, 
recommending its passage. 

On his motion the rules were suspended, and the ordinance 
was now considered, the question being on agreeing to the sub- 
stitute. 

On motion of Mr. Barnes, the further consideration of the 
ordinance was postponed until Thursday next, and made the 
special order for 12 o'clock of that day. 
54 



24 .JOURNAL OF THE [4th Sbsbiok, 

Mr. Badger introduced an ordinance for the better regulation 
of the eity of Raleigh, which passed its first reading. 

Mr. Howard offered the following: 

Resolved, That the Governor be requested to inform the 
Convention of the number of troops now in service at the ex- 
pense of the State ; whether the Confederate government is 
receiving North Carolina's quota at the designated camps of 
instruction at its expense, and by it to be supplied and armed : 
and also whether the conscription act of Congress has yet been 
made the subject of correspondence between the two governments. 

On motion, the rules were suspended and the resolution was 
adopted. 

Mr. Barnes offered the following : 

Resolved, That a committee of three be appointed to prepare 
a draft of the Constitution of this State, omitting such provis- 
ions as are not now operative, and incorporating therein such 
amendments as have been heretofore adopted by the General 
Assembly and by this Convention, and report the same. 

The resolution lies over one day. 

Mr. llayner introduced an ordinance to provide for the col- 
lection of the tax on spirituous liquors manufactured and sold 
in this State, imposed by an ordinance of this Convention, rati- 
fied the 2nd day of February, 1862, which passed the first 
reading. On motion, the rules were suspended and the ordinance 
read the second time, and amended so as to require its being 
given in charge to the grand juries of the several counties, then 
passed the second and third readings, and ordered to be enrolled. 

Mr. llayner offered a resolution authorizing the Comptroller 
to have published three hundred copies of the ordinance just 
passed and forward a copy to the Sheriff, Clerk of the County 
Courfc, Chairman of the Court and County Solicitor, of each 
county in the State. 

The rules were suspended and the resolution was adopted. 

The ordinance to exempt members of the Society of Friends 
front the performance of military duty, being the special order 
of the day, was now taken up. 



1862.] STATE CONVENTION. 25 

Mr. Leak, of Richmond, moved to postpone the same, in order 
to take up the resolution relating to adjournment, on which 
motion the ayes and noes were ordered, and resulted in the nega- 
tive by a tie vote, as follows: 

Ayes — Messrs. Atkinson, Bagley, Batuhclor, Berry, Boating, 
Caldwell, Darden. Dillard, Durham, Edwards, Greenlee. Headcn, 
Hearne, Holmes. Houston. Howard, Johnston, Jones of Rowan. 
Leak of Anson, Leak of Richmond, McDowell of Burke, Mc- 
Neill of Cumberland, McNeill of Harnett, Michal, Moseley, 
Rayner, Sanders, Schenek, Setzer, .Smith of Halifax, Strange. 
Strong of Mecklenburg, Strong of Wayne, Thompson, Thorn- 
ton, Williams, Williamson and Wooten — "6b. 

Noes — Messrs. Allison, Badger, Barnes, Bogle, Bryson, Cal- 
loway, Cannon, Christian, Dickson, Donnell, Douthitt, Foster of 
Randolph, Gilmer, Graham, Green, Holden, Junes of Caldwell. 
Kelly, Kittrell, Lindsay, Long, Mann, Manning, Merritt, 
Mitchell, Myers, Rhodes, Ruflin, Satterthwaite, Smith of John- 
ston, Speed, Spruill of Bertie, Starbuck, Thomas of Carteret. 
Warren, Washington and Wilson — 38. 

Mr. Thompson moved to amend the ordinance under consid- 
eration, by adding, that all persons claiming this exemption shall 
not be entitled to vote at any of the elections established by 
law. On this question the ayes and noes were ordered, on mo- 
tion of Mr. Barnes, and resulted in the negative, as follows : 

Ayes — Messrs. Battle of Nash, Caldwell, Johnston, McDowell 
of Burke, McDuffie, McNeill of Cumberland, Setzer, Strong of 
Mecklenburg, Thompson, Thornton and Williams — 11. 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes. 
Batchelor, Battle of Edgecombe, Berry, Bogle, Bryson, Bunt- 
ing, Calloway, Cannon, Christian, Darden, Dick, Dickson, Dil- 
lard, Donnell, Douthitt, Durham, Edwards, Foster of Randolph. 
Gilmer, Graham, Greenlee, Hearne, Headcn, Holden, Holmes 
Houston, Howard, Jones of Caldwell, Jones of Rowan, Joyce. 
Kelly, Kittrell, Leak of Anson, Leak of Richmond, Lindsay. 
Long, Mann, Manning, McNeill of Harnett, Merritt. Mitchell. 
Moseley, Myers, Rhodes, H tiffin, Sanders, Satterthwaite, Schenek. 
Smith of Halifax, Smith of Johnston, Speed, Spruill of Bertie. 



26 JOURNAL OF THE [4th Session, 

Spruill of Tyrrell, Starbuck, Strong of Wayne, Thomas of Car- 
teret, Warren, Washington, Williamson, Wilson and Wooten — 66. 
The ordinance then passed the second reading and was order- 
ed to be printed. 

The ordinance amending the Bill of Rights was taken up. 
Mr. Leak, of Richmond, moved that it lie on the table, on 
which motion he asked the ayes and noes, which being ordered, 
resulted in the negative, as follows : 

Ayes — Messrs. Atkinson, Bagley, Batchelor, Battle of Nash, 
Bunting, Caldwell, Darden, Dickson, Dillard, Durham, Edwards, 
Greenlee, Holmes, Howard, Johnston, Jones of Caldwell, Jones 
of Rowan, Leak of Anson, Leak of Richmond, Lindsay, Mc- 
Dowell of Burke, McDuffie, McNeill of Cumberland, Michal, 
Moseley, Rayner, Schenck, Setzer, Smith of Halifax, Strange, 
Strong of Mecklenburg, Strong of Wayne, Thompson, Thorn- 
ton, Washington, Williams, Williamson and Wooten — 38. 

Noes — Messrs. Allison, Badger, Barnes, Berry, Bogle, Bry- 
son, Calloway, Cannon, Christian, Dick, Donnell, Douthitt, 
Foster of Randolph, Gilmer, Graham, Hearne, Headen, Hol- 
den, Houston, Joyce, Kittrell, Long, Mann, Manning, McNeill 
of Harnett, Merritt, Mitchell, Myers, Rhodes, Ruffin, Sanders, 
Satterthwaite, Smith of Johnston, Spruill of Bertie, Starbuck, 
Thomas of Carteret, Warren and Wilson — 39. 

The ordinance was then read by sections. The 6th section 
beinc read, Mr. Graham moved to amend so that it shall read, 
"All elections, of whatsoever nature, ought to be free," which 
was agreed to. 

For the 7th section the committee recommend the following : 
" That in all criminal prosecutions, every man has a right to be 
informed of the accusation against him and to confront the ac- 
cuser and witnesses with other testimony ; and shall not be 
compelled to give evidence against himself; nor shall any person 
be subject for the same oifense, to be twice put in jeopardy of 
life or limb;" and the amendment was agreed to. 

The 9th section being read, Mr. Ruffin moved to amend by 
striking out the word "heretofore," in the last line, and adding 
the words "before and on the 17th day of December, 1776," 

which was agreed to. 
» 



1862/1 STATE CONVENTION. 27 

The committee recommended in lieu of the 12th, the folio-w- 
ing : That no free man ought to be taken, imprisoned or dis- 
seized of his freehold, liberties or privileges, or outlawed or 
exiled, or in any manner destroyed or deprived of his life, lib- 
erty or property, but by the law of the land ; nor shall right or 
justice be sold, denied or delayed to any one : nor shall private 
property be taken for public use without just compensation : and 
the amendment was adopted. 

The 15th section being read, Mr. Graham moved the follow- 
ing in lieu thereof: That every citizen may freely speak, write 
and publish his sentiments on all subjects, being responsible for 
the abuse of that liberty; and no law shall ever be passed to 
curtail, abridge or restrain the liberty of speech or of the press. 

On this question the ayes and noes were ordered, on motion 
of Mr. Schenck, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Bagley, Berry, Bogle, Bryson, Can- 
non, Christian, Dick, Donnell, Gilmer, Graham, Hearne, 
Headen, Holden, Houston, Jones of Caldwell, Joyce, Long, 
Meares, Rhodes, Sanders, Satterthwaite, Smith of Johnston, 
Speed, Spruill of Tyrrell, Starbuck, Thomas of Carteret, and 
Wilson— 28. 

Noes — Messrs. Akinson, Badger, Barnes, Batchelor, Battle 
of Edgecombe, Battle of Nash, Bunting, Caldwell, Calloway, 
Darden, Dickson, Dillard, Douthitt, Durham, Edwards, Green- 
lee, Holmes, Howard, Johnston, Jones of Rowan, Kelly, Kit- 
trell, Leak of Anson, Leak of Richmond, Manning, McDowell 
of Burke, McDuftie, McNeill of Cumberland, McNeill of Har- 
nett, Michal, Rayner, Ruffin, Schenck, Setzer, Smith of Hali- 
fax, Strange, Strong of Mecklenburg, Strong of Wayne, Thomp- 
son, Thornton, Warren, Williams, Williamson and Wooten — 43. 

Mr. Mitchell moved to amend by striking out the word "the," 
in the first line, and insert the words "an honest," which was 
not agreed to. 

Mr. Ruffin moved to amend the 17th section by adding as 
follows: No soldier shall, in time of peace, be <{uartered in any 
house, without the consent of the owner, nor in time of war, but 
in a manner prescribed by law: which was agreed to. 



28 JOURNAL OF THE [4th Session, 

The remaining sections, except the 25th, having been read, 
Mr. Ruffin moved that the Convention adjourn, but at the 
request of Mr. Thompson, withdrew the motion. 

Mr. Thompson then offered the following, by general consent : 
Resolved, That this Convention do, on Saturday next, at 2 
o'clock, P. M., adjourn, subject to the call of the President ; 
and in case of his death, of Messrs. Graham, Howard, Badger, 
Smith of Halifax, and Rayner, or a majority of them, at any 
time from now until the first day of November, 1802 ; and if 
not thus called together by that time, that this Convention de 
stand adjourned sine die, without further order. 
The resolution lies over one day. 

Then, on motion of Mr. Ruffin, the Convention adjourned 
until 10 o'clock to-morrow morning. 



IN CONVENTION, Wednesday, April 30, 1862. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. Thomas E. Skinner, of the 
Baptist Church. 

The journal of yesterday was read and approved. 

Mr. McDowell, of Burke, introduced a resolution concerning 
the county of Burke, which was adopted, under a suspension of 
the rules, and ordered to be enrolled. 

Mr. Thompson introduced an ordinance in regard to persons 
confined within prison bounds, which passed the first reading. 

The resolutions of Mr. Schenck in relation to Roanoke island 
were taken up, and agreed to, as follows: 

Resolved, That the Convention of North Carolina has re- 
ceived the report of the committee of the House of Represen- 
tatives of the Confederate States, raised for the purpose of 
investigating the causes of the fall of Roanoke Island, on the 
roast of North Carolina, with great pleasure, and that the Con- 
vention is gratified to know that neither the officers, men. or 
authorities of North Carolina arc to blame for the unfortunate 
result; and that the patriotism and valor of our troops has been 
fully vindicated. 



1862.] gTAffE CONVENTION. 29 

That ten copies of said report be printed for each member of 
this Convention. 

Mr. Thompson's resolution relating to adjournment, introduced 
on yesterday, was now taken up. 

Mr. Graham moved that it lie on the table, on which the 
ayes and noes were ordered, on motion of Mr. Thompson, and 
resulted in the negative, as follows : 

Ayes — Messrs. Allison, Armfield, Badger, Barnes, Berry, 
Bryson, Calloway, Cannon, Christian, Dick, Donnell, Douthitt, 
Eller, Foster of Randolph, Gilmer, Graham, Headen, Holden, 
Jones of Caldwell, Joyce, Kittrell, Lindsay, Long, Mann, Man- 
ning, McNeill of Harnett, Mitchell, Myers, Rhodes, Ruffin, 
Satterthwaite, Spruill of Bertie, Starbuck, Thomas of Carteret, 
Warren and Wilson — 38. 

Noes — Messrs. Atkinson, Bagley, Batchelor, Battle of Nash, 
Bunting, Caldwell, Dickson, Dillard, Durham, Edwards, Green- 
lee, Hargrove, Hearne, Holmes, Houston, Howard, Johnston, 
Jones of Rowan, Kelly, Leak of Anson, Leak of Richmond, 
McDowell of Burke, McDuffie, McNeill of Cumberland, Meares, 
Michal, Miller, Moseley, Penland, Phifer, Rayner, Sanders', 
Schenck, Setzer, Smith of Halifax, Smith of Johnston, Strange, 
Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
son, Thornton, Washington, Williams, Williamson and Woo- 
ten— 46. 

At the suggestion of Mr. Batchelor. the word "Saturday" 
was stricken out, and "Wednesday" inserted. 

Mr. Barnes moved to strike out " Wednesday," and insert 
"Monday, 12th of May," pending the consideration of which, 

Mr. Graham called for the orders of the day. 

Mr. Jones, of Rowan, moved to postpone the orders of the 
day until the resolution under consideration shall be disposed 
of, on which the ayes and noes were ordered, on his motion, 
and resulted in the affirmative, as follows : 

Ayes — 'Messrs. Atkinson, Bagley, Barnes, Batchelor, Battle 
of Nash, Bunting, Caldwell, Dickson, Dillard, Durham, Ed- 
wards, Greenlee, Hargrove, Hearne, Holmes, Houston, Howard, 
Johnston, Jones of Caldwell, Jones of Rowan, Kelly, Leak of 



30 JOURNAL OF THE- [4tii Session, 

Anson, Leak uf Eichmond, McDowell of Burke, McDuffic, Mc- 
Neill of Cumberland, McNeill of Harnett, Michal, Miller, 
Moseley, Penland, Phifer, Rayner, Sanders, Schenck, Setzer, 
Smith of Halifax, Smith of Johnston, Strange, Strong of Meck- 
lenburg, Strong of Wayne, Sutherland, Thompson, Thornton, 
Washington, Williams, Williamson and Wooten — 48. 

Noes — Messrs. Allison, Armfield, Badger, Berry, Bogle, 
Bryson, Calloway, Cannon, Christian, Dick, Donnell, Douthitt, 
Eller, Foster of Randolph, Gilmer, Graham, Green, Headen, 
Ilolden, Joyce, Kittrell, Lindsay, Long, Mann, Manning, Meares, 
Mitchell, Myers, Rhodes, Ruffin, Satterthwaite, Smith of Ma- 
con, Speed, Spruill of Bertie, Starbuck, Thomas of Carteret, 
Warren and Wilson — 38. 

The question recurred on the amendment offered by Mr. 
Barnes, and it was agreed to. 

Mr. McDuffie moved to amend by providing that when the 
Convention adjourn it adjourn sine die, on which the ayes and 
noes were ordered, on motion of Mr. Barnes, and resulted in 
the negative, as follows : 

Ayes — Messrs. Battle of Nash, Caldwell, Durham, Hargrove, 
McDowell of Burke, McDuffie, Moseley and Penland — 8. 

Noes — Messrs. Allison, Armfield, Atkinson, Badger, Bagley, 
Barnes, Batchelor, Berry, Bogle, Bunting, Calloway, Cannon, 
Christian, Dick, Dickson, Dillard, Donnell, Douthitt, Edwards, 
Eller, Foster of Randolph, Gilmer, Graham, Green, Greenlee, 
Hearne, Ileadcn, Ilolden, Holmes, Houston, Howard, Johnston, 
Jones of Caldwell, Jones of Rowan, Joyce, Kelly, Kittrell, 
Leak of Anson, Leak of Richmond, Long, Mann, Manning, 
McNeill of Cumberland, McNeill of Harnett, Meares, Merritt, 
Michal, Miller, Mitchell, Myers, Phifer, Rayner, Rhodes, Ruffin, 
Sanders, Satterthwaite, Schenck, .Setzer, Smith of Halifax, 
Smith of Johnston, Smith of Macon, Speed, Spruill of Bertie, 
Starbuck, Strange, Strong of Mecklenburg, Strong of Wayne, 
Sutherland, Thomas of Carteret, Thompson, Thornton, Warren, 
Washington, Williams, Williamson, Wilson and Wooten— 78. 

Mr. Spruill, of Bertie, moved to postpone the further con- 
sideration of the Hubjeet until the iiith day of May, on Afhich 



i 



1862.] STATE CONVENTION. 31 

the ayes and noes were ordered, and resulted in the negative, as 
follows : 

Ayes — Messrs. Allison, Armfield, Christian, Dick, Donnell, 
Douthitt, Fester of Randolph, Gilmer, Graham, Headen, Hol- 
den, Joyce, Kittrcll, Mann, Manning, Merritt, Satterthwaite, 
Smith of Macon, Spruill of Bertie, Starbuck, Thomas of Car- 
teret, Warren and Wilson — 23. 

Noes — Messrs. Atkinson, Badger, Bagley, Barnes, Batche- 
lor, Battle of Nash, Berry, Bogle, Bryson, Bunting, Caldwell, 
Calloway, Cannon, Dillard, Durham, Edwards, Eller, Foster of 
Ashe, Green, Greenlee, Hargrove, Hearne, Holmes, Houston, 
Howard, Johnston, Jones of Caldwell, Jones of Rowan, Kelly, 
Leak of Anson, Leak of Richmond, Long, McDowell of Burke, 
McDume, McNeill of Cumberland, McNeill of Harnett, Meares, 
Michal, Miller, Mitchell, Moseley, Penland, Phifer, Rayner, 
Rhodes, Ruffin, Sanders, Schenck, Setzer, Smith of Halifax, 
Smith of Johnston, Speed, Strange, Strong of Mecklenburg, 
Strong of Wayne, Sutherland, Thompson, Thornton, Washing- 
ton, Williams, Williamson and Wooten — 62. 

Mr. Leak, of Richmond, offered a substitute providing for an 
adjournment on the lpth of May, subject to the call of the 
President or five named delegates, in case of emergency ; and 
in case no emergency shall arise sooner, then to re-assemble at 
the close of the war and finish the business of amending the 
Constitution. 

On this question the ayes and noes were ordered, on motion 
of Mr. Howard, and resulted in the negative, as follows : 

Ayes — Messrs. Allison, Atkinson, Berry, Bogle, Bryson, 
Cannon, Christian, Dick, Douthitt, Eller, Foster of Randolph, 
Gilmer, Graham, Hearne, Leak of Richmond, Long, McNeill of 
Cumberland, Penland, Smith of Macon, Starbuck and Wil- 
son — 21. 

Noes — Messrs. xirmfield, Badger, Barnes, Battle of Edge- 
combe, Bunting, Caldwell, Calloway, Dickson, Dillard, Donnell, 
Durham, Foster of Ashe, Green, Greenlee, Hargrove, Headen, 
Holden, Holmes, Howard, Johnston, Jones of Caldwell, Jones 
of Rowan, Joyce, Kelly, Leak of Anson, Mann, Manning. 
55 



32 JOURNAL OF THE [4th Session, 

McDowell of Burke, McDuffie, McNeill of Harnett, Merritt. 
Michal, Mitchell, Moseley, Phifer, Rayner, Rhodes, Ruffin, 
Sanders, Satterthwaite, Schenck, Seizor, Smith of Halifax, 
Smith of Johnston, Speck Spruili of Bertie, Strange, Strong 
of Mecklenburg, Strong of Wayne, Sutherland, Thompson, 
Thornton, Warren, Williams, Williamson and Wooten— 57. 

The question now recurred on the resolution as amended, on 
which the ayes and noes were ordered, on motion of Mr. Schenck, 
and resulted in the affirmative, as follows : 

Ayes— Messrs. Atkinson, Badger, Bagloy, Barnes, Batchelor, 
Battle of Nash, Bunting, Caldwell, Christian, Dickson, Dillard, 
Durham, Edwards, Foster of Ashe, Green, Greenlee, Hargrove! 
Holmes, Houston. Howard, Johnston, Jones of Caldwell, Jones 
of Rowan, Leak of Anson, McDowell of Burke, McDuffie, 
McNeill of Cumberland, McNeill of Harnett, Michal, Miller^ 
Mitchell, Moseley, Penland, Phifer, Rayner, Sanders, Schenck' 
Setzer, Smith of Halifax, Smith of Johnston, Strange, Strong 
of Mecklenburg, Strong of Wayne, Sutherland. Thompson, 
Thornton, Williams, Williamson and Wooten— 49. 

Noes— Messrs. "Allison. Armfield. Berry, Bogle. Bryson, 
Calloway, Cannon, Dick, Donnell, Douthitt; Ellcr, Foster of 
Randolph, Gilmer, Graham, Hearne, Headen, Holden, Joyce, 
Kelly, Leak of Richmond, Long, Mann, Manning, Merritt,' 
Ruffin, Satterthwaite, Smith of Macon, Speed, Spruili of Bortie^ 
Starbuck. Thomas of Carteret, Warren and Wilson— 33. 

Mr. Rayner presented a communication from the Public 
Treasurer, which, without being read, was ordered to lie on the 
table. 

On motion of Mr. Badger, the Convention adjourned until 
to-morrow morning 10 o'clock. 



IN CONVENTION, Thursday, May 1, 1862. 
The Convention met, the President in the chair. 
The journal of yesterday was read and approved. 



1862.] STATE CONVENTION. 33 

The President laid before the Convention the resignation of 
It. F. Annfield, delegate from the county of Yadkin, and the 
same was accepted. 

A message from the Governor in answer to a resolution of 
inquiry in regard to the troops now in camp ; also a letter from 
the Secretary of War, were received, and ordered to lie on the 
table and be printed. 

The communication of D. W. Courts, Public Treasurer, pre- 
sented on yesterday, was read, ordered to be printed, and, on 
motion, referred to the committee of Finance. 

Mr. Manning, from the committee on the report of the Salt 
Commissioner and the letter of Prof. Emmons, reported an 
ordinance to amend the ordinance to provide for a supply of 
salt, ratified during the second session of the Convention, which 
passed its first reading. 

Mr. Myers gave notice of an amendment he would offer at 
the proper time, which was read for information and ordered to 
be printed. 

Mr. Warren, from the committee on that subject, reported an 
ordinance for the collection of taxes in certain counties, which 
passed its first reading. 

Mr. Michal offered a resolution asking information of the Ad- 
jutant General in relation to the number of troops now and 
heretofore in the service of the State, and the number furnished 
by each countf respectively. 

On motion, the rules were suspended, and the resolution 
agreed to. 

Mr. Washington introduced an ordinance to limit the growth 
of cotton and tobacco, which passed the first leading. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, " A resolution concerning the 
county of Burke," which was duly ratified. 

Mr. Rayner offered a series of resolutions in relation to the 
order of business and the sessions of the Convention, and moved 
to suspend the rules and put the same on the pas-age now. On 
this motion the ayes and noes were ordered, on motion of. Mr. 
Smith, of Johnston, and resulted in the affirmative, as follows: 



34 JOURNAL OF THE [4th Session, 

Ayes — Messrs. Allison, Atkinson, Berry, Bogle, Brown, Bry- 
son, Caldwell, Calloway, Cannon, Christian, Dick, Dillard, 
Douthitt, Durham, Eller, Foster of Ashe, Foster oF Randolph, 
Gilmer, Gorrell, Graham, Green, Hamlin, Hearne, Headen, 
Holden, Houston, Jones of Caldwell, Joyce, Kelly, Kittrell, 
Leak of Anson, Leak of Richmond, Long, Mann, Manning, 
Merritt, Michal, Miller, Myers, Penland, Phifer, Rayner, 
Rhodes, Ruffin, Sanders, Satterthwaite, Shipp, Smith of John- 
ston, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
Strong of Mecklenburg, Warren, Williamson and Wilson — 56. 

Noes — Messrs. Bagley, Barnes, Batchelor, Battle of Edge- 
combe, Battle of Nash, Buntirg, Dickson, Donnell, Edwards, 
Greenlee, Howard, Johnston, Jones of Rowan, Lindsay, Mc- 
Dowell of Burke, McDuffie, McNeill of Cumberland, Royster, 
Schenck, Setzer, Strange, Strong of Wayne, Sutherland, Thomp- 
son, Thornton and Wooten — 26. 

Mr. Howard then moved to amend the resolutions by provid- 
ing that ordinances and resolutions which do not relate to a 
change of the Constitution shall be first considered, on which 
the ayes and noes were ordered, on motion of Mr. Howard, and 
resulted in the negative, as follows : 

Ayes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
Battle of Nash, Brown, Bunting, Caldwell, Dickson, Dillard, 
Durham, Edwards, Howard, Johnston, Jones of Rowan, Leak 
of Anson, Leak of Richmond, Lindsay, McDowell of Burke, 
McDuffie, McNeill of Cumberland, Miller, Royster, Schenck, 
Setzer, Smith of Halifax, Strange, Strong of Mecklenburg, 
Strong of Wayne, Sutherland, Thompson, Thornton, Washing- 
ton, Williamson and Wooten — 34. 

Noes — Messrs. Allison, Atkinson, Badger, Barnes, Berry, 
Bogle, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Green, Hamlin, Hearne, Holden, Jones of Caldwell, 
Joyce, Kelly, Kittrell, Long, Mann, Manning, Merritt, Michal, 
Myers, Penland, Phifer, Rayner, Rhodes, Ruffin, Sanders, Sat- 
terthwaite, Shipp, Smith of Johnston, Smith of Macon, Speed, 
Spruill of Bertie, Starbuck, Warren and Wilson — 47. 



1862.] STATE CONVENTION. 35. 

Mr. Badger moved to lay the resolutions on the table, on 
which the ayes and noes were ordered, on his motion, and re- 
sulted in the negative, as follows : 

Ayes — Messrs. Badger, Bagley, Batchelor, Battle of Edge- 
combe, Battle of Nash, Bunting, Caldwell, Dickson, Dillard, 
Donnell, Durham, Edwards, Greenlee, Howard, Johnston, Jones 
of Rowan, Lindsay, McDowell of Burke, McDuffie, Miller, 
Royster, Schenck, Smith of Halifax, Strange, Strong of Meck- 
lenburg, Strong of Wayne, Sutherland, Thompson, Thornton 
and Wooten — 31. 

Noes — Messrs. Allison, Atkinson, Barnes, Berry, Bogle, 
Brown, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Green, Hamlin, Hearne, Headen, Holden, Jones of 
Caldwell, Joyce, Kittrell, Leak of Anson, Leak of Richmond, 
Long, Mann, Manning, Merritt, Michal, Myers, Penland, Phifer, 
Rayner, Rhodes, Ruffin, Sanders, Satterthwaite, Shipp, Smith 
of Johnston, Smith of Macon, Speed, Spruill of Bertie, Star- 
buck, Williamson and Wilson — 49. 

Mr. Strange moved to strike out all that part relating to the 
order of business, and insert : That no alterations or amend- 
ments of the Constitution shall be considered or acted upon at 
this session of the Convention. 

On this question the ayes and noes were ordered, on motion 
of Mr. Schenck, and resulted in the negative, as follows : 

Ayes — Messrs. Bagley, Batchelor, Battle of Nash, Brown, 
Bunting, Caldwell, Dickson, Dil'ard, Durham, Edwards, Green- 
lee, Howard, Johnston, Jones of Rowan, Leak of Anson, Leak 
of Richmond, Lindsay, McDowell of Burke, McDuffie, McNeill 
of Cumberland, Miller, Royster, Schenck, Setzer, Smith of 
Halifax, Strange, Strong of Mecklenburg, Strong of Wayne, 
Sutherland, Thompson, Thornton, Washington, Williamson and 
Wooten— 34. 

Noes — Messrs. Allison, Atkinson, Badger, Barnes, Berry, 
Bogle, Bryson, Calloway, Cannon, Christian, Dick, Donnell, 
Douthitt, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell Graham, Hamlin, Hearne, Headen, Holden, Houston, 



36 JOURNAL OF THE [4th Session, 

Jones of Caldwell, Joyce, Kelly, Kittrell, Long, Mann, Man- 
ning, Merritt, Michal, Mitchell, Myers, Penland, Phifer, Ray- 
ner, Rhodes, Ruffin, Sanders, Satterthwaite, Shipp, Smith of 
Johnston, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
Warren and Wilson — 50. 

Mr. Badger moved to amend by striking out the words '" ten 
minutes,*' and inserting ''fifteen minutes," and it was not 

agreed tu. 

He then moved to strike out all that part of the resolutions 
which restricts the speeches of members, on which the ayes and 
noes were ordered, on his motion, and resulted the negative, as 

follows : * 

Ayes — Messrs. Badger, Barnes, Battle of Edgecombe, Bunt- 
ing Donnell, Kittrell, McDuffie, McNeill of Cumberland, Mitch- 
ell, Royster, Ruffin, Strange, Strong of Wayne, Sutherland, 
Thornton, Warren, Washington and Wooten — 18. 

]^OES — Messrs. Allison, Atkinson, Bagley, Batchelor, Battle 
of Nash, Berry, Bogle, Bnown, Bryson, Caldwell, Calloway, 
Cannon, Christian, Dick, Dickson, Dillard, Douthitt, Durham, 
Edwards, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell. Graham, Green, Greenlee, Hamlin, Hearne, Headen, 
Holden, Jones of Caldwell, Jones of Rowan, Joyce, Kelly, 
Leak of Anson, .Leak of Richmond, Lindsay, Long, Mann, 
Manning, McDowell of Burke, Merritt, Miehal, Miller. Myers, 
Penland, Rayner, Rhodes, Sanders, Satterthwaite, Schenck, 
Setzer, Shipp, Smith of Halifax, Smith of Johnston, Smith of 
Macon, Speed, Spruill of Bertie, Starbuck. Strong of Mecklen- 
burg, and Wilson — 72. 

Mr. Barnes moved to strike out that part which provides for 
night sessions and inscit a provision that the afternoon session 
shall begin at 4 and end at 8 o'clock. P. M. 

Mr. Rayner asked a division of the question, and the vote 
being taken on striking out was decided in the negative. 

Mr. Caldwell moved to postpone the subject indefinitely, on 
which the ayes and noes were were ordered, on his motion, and 
resulted in the negative, as fallows : 



1862.] STATE CONVENTION. 37 

Ayes— Messrs. Batchclor, Battle of Edgecombe, Battle of 
Nash, Bunting, Caldwell, Dickson, Dillard, Donnell, Edwards, 
Greenlee, Howard. Johnston, Jones of Rowan, Leak of Anson, 
Leak of Richmond, McDowell of Burke, McNeill' of Cumber- 
land, Royster, Schenck, Setzer, Smith of Halifax, Strange, 
Strong of Mecklenburg, Strong of Wayne. Sutherland, Thomp- 
son, Thornton and Wooten — 28. 

Noes — Messrs. Allison, Atkinson. Badger, Bagley, Barnes, 
Berry, Bogle, Bryson, Calloway, Cannon, Christian, Dick, 
Douthitt, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell, Graham, Green. Hamlin, Hearne, Headen, Holden, 
Houston, Jones of Caldwell, Joyce, Kelly, Kittrell, Lindsay, 
Long, Mann, Manning, Merrittj Michal, Miller, Mitchell, Myers, 
Penland, Pbifer, Rayner, Rhodes, Ruffin, Sanders, Satterthwaite, 
Shipp, Smith of Johnston, Smith of Macon, Speed, Spruill of 
Bertie, Starbuck, Warren, Washington and Wilson — 54-. 

The orders of the day being called for, Mr. Rayner moved to 
postpone the same until the pending question be disposed of, on 
which the ayes and noes were ordered, on motion of Mr. Schenck, 
and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Atkinson, Barnes, Berry, Bogle, 
Bryson, Calloway, Cannon, Christian, Dick, Douthitt, Eller, 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
Green, Hamlin, Hoadcn, Hearne, Holden, Houston, Jones of 
Caldwell, Joyce, Kelly, Kittrell, Long, Mann, Manning, Merritt, 
Michal, Mitchell, Myers, Penland, Phifer, Rayner, -Rhodes, 
Ruffin, Sanders, Satterthwaite, Shipp, Smith of Johnston, Smith 
of Macon, Speed, Spruill of Bertie, Starbuck, Warren, Wash- 
ington and Wilson — 51. 

Noes — Messrs. Bagley, Batchelor, Battle of Nash, Brown, 
Bunting, Caldwell, Dickson, Dillard, Donnell, Durham, Ed- 
wards, Greenlee, Howard, Johnston, Jones of Rowan, Leak of 
Richmond, -McDowell of Burke, McNeill of Cumberland, Mil- 
ler, Royster, Schenck, Setzer, Smith of Halifax, Strange, 
Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
son, Thornton, Williamson and Wooten — 31. 



38 JOURNAL OF THE [4th Session, 

The question recurred on the adoption of the resolutions, on 
which the ayes and noes were ordered, on motion of Mr. Schenck, 
and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Atkinson, Badger, Bagley, Berry, 
Bogle, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
Durham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell, Graham, Green, Hamlin, Hear'ne, Headen, Holden, 
Houston, Jones of Caldwell, Joyce, Kelly, Kittrell, Lindsay, 
Long, Manning, Merritt, Mich;i,l, Miller, Mitchell, Myers, Pen- 
land, Phifer, Rayner, Ruffin, Sanders, Satterthwaite, Shipp, 
Smith of Halifax, Smith of Johnston, Smith of Macon, Speed, 
Spruill of Bertie, Starbuck, Washington, Williamson and Wil- 
son — 53. 

■ 

Noes — Messrs. Barnes, Batchelor, Battle of Edgecombe, 
Battle of Nash, Brown, Bunting, Caldwell, Dickson, Dillard, 
Donnell, Edwards, Greenlee, Howard, Johnston, Jones of Rowan, 
Leak of Anson, Leak of Richmond, McDowell of Burke, Mc- 
Neill of Cumberland, Royster, Schenck, Setzer, Strange, Strong 
of Mecklenburg, Strong of Wayne, Sutherland, Thompson, 
Thornton and Wooten — 29. 

Mr. Badger moved to reconsider the vote by which the reso- 
lutions were agreed to, and the motion did not prevail. 

The ordinance amending the Bill of Rights was taken up, the 
question being on the 25th section, which the committee recom- 
mended should be stricken out. 

After considerable discussion, the report of the committee 
was concurred in. 

Mr. Graham moved to insert, in lieu of the section just 
stricken out, the following: "The jurisdiction of the State of 
North Carolina shall extend over all the territory now and 
recently in her possession ; the Atlantic Ocean being onthe East ; 
the State of Virginia on the North ; Tennessee on the West ; and 
Georgia and South Carolina on the South ; her lines of separation 
from these several States being those established and recog- 
nized by surveys made under the British or Provincial authority, 
during her colonial condition, and under compacts of limits 
with the said several co-terminous States since her independence. 



1862.] STATE CONVENTION. 39 

The amendment was not agreed to. 

The question was then put and the ordinance passed its 
second reading. 

On motion of Mr. Speed, the Convention took up the ordi- 
nance to pay Rev. Maurice II. Vaughan for services as chap- 
lain at Roanoke Island. 

After some discussion the ordinance passed the second read- 
ing. The rules were suspended, the ordinance read the third 
time and passed, and ordered to be enrolled. 

On motion of Mr. Badger, the resolutions heretofore laid on 
the table by him, but not read, were taken up for consideration. 

Pending the consideration thereof, the hour arrived, and the 
Convention took a recess until 4 o'clock. 



4 O'CLOCK, P. M. 

The Convention proceeded to the consideration of Mr. Bad- 
ger's resolutions, which are as follows : 

Resolved, That this Convention has seen, with great pleasure, 
a proclamation by his Excellency, the Governor, rebuking a 
recent unconstitutional movement towards disarming the people ; 
that the same is, in language and conception, worthy the Chief 
Magistrate of a free State ; and that the Governor is entitled 
to the support as well as approval of the people and all the 
authorities of the State in the position taken by him in behalf 
of North Carolina. 

And further : Whereas this Convention has heard that citizens 
of this State, unconnected with the army, have been seized by 
military authority, forcibly transported*beyond its bounds, and 
are now held in close prison in another State ; and particularly, 
whereas, one Isaiah Respass, of the county of Beaufort, in this 
State, hath been so seized and transported, and is now, as is 
commonly believed, so detained at Richmond, in the State of 
Virginia ; and, whereas, said Respass, nor any other citizen of 
this State, in like case, is, in any manner subject or liable to 
be held or tried by any military authority, but, on the contrary. 
56 



40 JOURNAL OF THE [4th Session, 

he and they are, by express provisions of the Confederate and 
of the State Constitutions, amenable only to civil tribunals, 
and have a right to a hearing and trial before the courts of the 
Confederacy or of the State, according to the nature of the 
offense with which they stand charged — such trial to be had in 
open court, according to due course of law; and, whereas, it is 
the duty of the State to protect from unlawful violence, as far 
as possible, every one of her citizens, and to insure to each a 
fair trial in a lawful court having jurisdiction of his case; 
therefore, 

Resolved, That His Excellency, the Governor, be requested 
by this Convention, if he shall be satisfied of the facts herein 
stated, immediately to demand of the authorities at Richmond, 
the return to this State of the said Isaiah Respass, and other 
citizens confined as aforesaid, in order that he and they be 
delivered over to the civil authority here, either of this State 
or of the Confederate States, for examination, and, if sufficient 
cause appear, for commitment and trial, so that, if innocent of 
the matters laid to their charge, they may be acquitted, or, if 
guilty, be convicted and punished by due course of law. 

After considerable time spent in the discussion of the reso- 
lutions. - 

Mr. Schenck moved an adjournment, on which the ayes and 
nofs were ordered, on motion of Mr. Smith, of Johnston, and 
resulted in the negative, as follows : 

Ayes — Messrs. Battle of Nash, Bunting, Caldwell, Dickson, 
Durham, Edwards, Howard, Johnston, McDoAvell of Burke, 
McNeill of Cumberland, Penland, Rhodes, Royster, Schenck, 
Setzer, Strange, Strong of Mecklenburg, Strong of Wayne, 
Sutherland, Thompson and Thornton — 21. 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
Batchelor, Berry, Bryson, Calloway, Cannon, Christian, Cun- 
ningham, Dillard, Douthitt, Eller, Foster of Ashe, Foster of 
Randolph, Gilmer, Graham, Green, Hamlin, Hearne, Headen, 
Jones of Caldwell, Jones of Rowan, Joyce, Kelly, Kittreil, 
Leak of Anson, Leak of Richmond, Long, Mann, Manning, 
Merritt, Mitchell, Phifer, Sanders, Satterthwaite, Smith of 



1862.] STATE CONVENTION. 41 

Halifax, Smith of Johnston, Smith of Macon, Speed, Spruill 
of Bertie, Starbuck, Warren, Williamson and Wilson — 47. 
The resolutions were still further considered, when, 
On motion of Mr. Badger, the Convention adjourned. 



IN CONVENTION, Friday, May 2, 1862. 

The President called the Convention to order. 

The journal of yesterday was read and approved. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled the following ordinances and 
resolutions : 

An ordinance concerning the election of Governor ; 

An ordinance for the relief of the Banks of the State ; 

An ordinance to provide for the collection of the tax on spir- 
ituous liquors manufactured and sold within this State, imposed 
by an ordinance of the Convention, ratified the 21st day of 
February, 1862 ; 

A resolution to authorize the Comptroller to have printed 
and distributed to certain county officers copies of the ordinance 
to provide for the collection of the tax on spirituous liquors, as 
amended, which were severally duly ratified in open Convention. 

On motion of Mr. Dick, the President was instructed to issue 
a writ of election to the Sheriff of Yadkin county, on the 22d day 
of May, instant, to fill the vacancy occasioned by the resigna- 
tion of R. F. Armfield. 

Mr. Bagley offered a resolution to raise a committee to in- 
quire into the facts connected with the burning of the schooner, 
Jennie Hunter, laden with corn, bacon, &c, by order of Col. 
Clarke, commanding the Department of Roanoke. 

On motion, the rules were suspended and the resolution adopted. 

Mr. Battle, of Nash, introduced an ordinance to provide for 
the collection of taxes, and for other purposes, which passed 
the first reading. On motion, the rules were suspended and 
the ordinance read the second time, and after consideration, 
was postponed until to-morrow. 



42 JOURNAL OF THE [4th Session, 

On motion of Mr. Howard, the Convention proceeded to the 
consideration of the ordinance to amend the ordinance to secure 
to certain officers and soldiers the right to vote. 

Mr. Howard moved to amend as follows : And in case the 
polls cannot be conveniently opened on that day, then on the 
first convenient day of the following week, which was agreed to. 
Mr. Graham moved the following substitute : That the time 
of making returns of all elections held among the soldiers 
of this State, without the limits of the counties in which they 
reside, shall be extended for three weeks from the day of hold- 
ing^said elections ; and the several Sheriffs of counties shall 
not make up their returns of the result of any election until 
the receipt of the returns of the vote of soldiers, provided they 
be received within that time ; and provided further, that in the 
election of Governor, the time may be extended to four weeks, 
if the returns to the Sheriffs shall not be earlier made. 

Mr. Kittrell moved to amend the amendment as follows: And 
that it shall be the duty of the Adjutant General of the State to 
give the colonel of each regiment information of the day of 
election ; and the amendment was agreed to. 

Mr. Starbuck moved to amend the amendment as follows : 
And if any officer or other person shall attempt, by threats, 
falsehood, misrepresentation, or other undue means, to influence 
any soldier in giving his vote, he shall forfeit and pay the sum 
of five hundred dollars, to be collected in the name of the State, 
one- half to the use of the informer and the other half to the 
use of the State. 

Mr. Barnes moved to refer the whole subject to a select com- 
mittee. 

The motion was agreed to, and the President appointed 
Messrs. Barnes, Howard, Graham, Michal and Bunting. 

The President laid before the Convention a communication 
from the Adjutant General in reply to a resolution asking infor- 
mation as to the number of troops from this State now in service, 
&c, which, on motion of Mr. Kittrell, was referred to a special 
committee, to constitute which, the President appointed the 
following : Messrs. Kittrell, Cunningham, McDowell of Burke, 
Osborne and Foster of Randolph. 



1862.] STATE CONVENTION. 43 

The President also announced the following as the committee 
of inquiry concerning the burning of the schooner Jennie 
Hunter : Messrs. Bagley, Myers, Miller, Caldwell and Penland. 

The Convention then proceeded to the consideration of the ordi- 
nance in relation to the legislative department of the Constitution. 

The second section having been read, Mr. Graham moved to 
amend by inserting the words "any of," before the words " the 
Confederate," in the 1st line, and it was agreed to. 

Mr. Mitchell moved to strike out the words " or of any of 
the Confederate States," which was not agreed to. 

Mr. Smith moved to insert in the 17th line, after the word 
"mulatto," the word "Indian," which was agreed to. 

He also moved to insert the words " or Indian," after the 
word "negro," in the 18th line, which was not agreed to. 

Mr. Schenck moved to amend by striking out of the 8th line 
the word "pauper," on which the ayes and noes were ordered, 
and resulted in the affirmative, as follows : 

Ayes — Messrs. Atkinson, Bagley, Barnes, Bogle, Bryson, 
Bunting, Caldwell, Cannon, Christian, Cunningham, Dick, 
Dickson, Dillard, Donnell, Douthitt, Durham, Foster of Ashe, 
Foster of Randolph, Greenlee, Hamlin, Hargrove, Hearne, 
Headen, Holden, Howard, Johnston, Jones of Rowan, Joyce, 
Kittrell, Long, Mann, McDuffie, McNeill of Cumberland, Mer- 
ritt, Miller, Myers, Osborne, Royster, Sanders, Sattcrtlrwaite, 
Schenck, Setzer, Shipp, Smith of Johnston, Smith of Macon, 
Spruill of Bertie, Strange, Strong of Mecklenburg, Sutherland, 
Thornton, Warren and Wooten — 52. 

Noes — Messrs. Badger, Batchelor, Berry, Calloway, Eller, 
Gorrell, Graham, Green, Jones of Caldwell, Kelly, Leak of 
Richmond, Manning, Mebane, Michal, Mitchell, Penland, Ray- 
ner, Rhodes, Ruffin, Smith of Halifax, Starbuck, Thomas of 
Carteret, Washington and Williamson — 24. 

Mr. Ruffin moved to amend the 5th section by striking out 
all that part which provides that no compensensation shall be 
given to members of the General Assembly, after the forty-fifth 
day of the session. 

Pending the consideration of this question, the hour arrived 
and the Convention took a recess until 4 o'clock. 



44 JOURNAL OF THE [4th Session, 



4 O'clock, P. M. 

Mr. Batchelor moved that leave of absence for three days 

[be granted Mr. ,] on -which the ayes and noes were 

ordered, on motion of Mr. Badger, and resulted in the affirma- 
tive, as follows: 

Ayes— Messrs. Atkinson, Bagley, Batchelor, Berry, Brown, 
Bunting, Cunningham, Dickson, Dillard, Durham, Edwards, 
Eller, Graham, Greenlee, Hamlin, Hargrove, Holden, Howard, 
Johnston, Kelly, Leak of Anson, Leak of Richmond, Long, 
McDowell of Burke, McDowell of Madison, McDuffie, Mc- 
Neill of Cumberland, Mebane, Michal, Miller, Royster, Ruffin, 
Satterthwaite, Setzer, Starbuck, Strong of Mecklenburg, Suth- 
erland, Thompson, Thornton, Woodfin and Wooten— 41. 

Noes — Messrs. Allison, Barnes, Bryson, Calloway, Cannon, 
Christian, Douthitt, Foster of Randolph, Gilmer, Headen, 
Joyce, Kittrell, Lindsay, Mann, Myers, Phifer, Smith of Macon, 
Speed, Washington and Wilson — 20. 

The business on the calendar was then taken up : 

1. An ordinance to submit constitutional amendments to the 
people — passed over, on motion of Mr. Brown. 

2. An ordinance in relation to the Cherokee Indians — laid 
on the table, on motion of Mr. Howard. 

3. An ordinance concerning the Superior and Supreme 
Courts — indefinitely postponed, on motion of Mr. Badger. 

The question here arose whether the ordinances and resolu- 
tions were to be considered in numerical order to the displace- 
ment of special orders. The President decided that, according 
to the order adopted by the Convention, all subjects were of 
equal grade, and would be taken up as they stood en the calen- 
dar. For the purpose of testing the sense of the Convention 
on the subject, Mr. Badger, appealed from the decision of the 
chair, and the question being put, was decided in the affirma- 
tive, sustaining the decision of the chair. 

The business on the calendar was then resumed. 

4. Resolution respecting separate courts for cities and towns — 
indefinitely postponed, on motion motion of Mr. Badger. 



1862.] STATE CONVENTION. 45 

5. Ordinance to allow free negroes to enslave themselves — 
laid on the table, on motion of Mr. Jones, of Rowan. 

6. Resolution instructing the Board of Claims to report the 
claims of certain railroads — on motion of Mr. Satterthwaite, 
ordered to lie on the table. 

8. Resolution to complete the Western N. C. Railroad — laid 
on the table, on motion of Mr. Satterthwaite. 

9. Resolution of inquiry as to the expediency of completing the 
Western Turnpike — on motion of Mr. Smith, of Macon, referred 
to a select committee, on which the President announced Messrs. 
Smith of Macon, Woodfin, Bogle, Wilson and Battle of Wake. 

10. Ordinance to define and punish sedition. 

Mr. Graham moved that it lie on the table, on which the 
ayes and noes were ordered, on motion of Mr. Howard, and 
resulted in the negative, as follows : 

Ayes — Messrs. Badger, Berry, Brown, Cannon, Donnell, 
Douthitt, Gilmer, Graham, Headen, Holden, Houston, Jones of 
Rowan, Kittrell, Long, Mitchell, Satterthwaite, Smith of John- 
ston, Smith of Macon, Spruill of Bertie, Starbuck, Warren and 
Wilson— 22. 

Noes — Messrs. Allison, Atkinson, Bagley, Barnes, Batche- 
lor, Battle of Nash, Bogle, Bryson, Bunting, Caldwell, Callo- 
way, Cunningham, Dickson, Dillard, Durham, Edwards, Eller, 
Foster of Ashe, Gorrell, Green, Greenlee, Howard, Johnston, 
Jones of Caldwell, Joyce, Kelly, Leak of Anson, Leak of Rich- 
mond, Lindsay, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeill of Cumberland, Mebane, Michal, Miller, 
Myers, Penland, Rayner, Rhodes, Royster, Ruffin, Schenck, 
Setzer, Strange, Strong of Mecklenburg, Sutherland, Thomas 
of Carteret, Thompson, Thornton, Washington, Woodfin and 
Wooten— 53. 

The question being on the passage of the ordinance its second 
reading, the ayes and noes were ordered, on motion of Mr. 
Badger. 

Mr. Brown moved to amend by striking out the words " or 
shall maliciously and advisedly endeavor to excite the people 
to resist the government of this State or of the Confederate 
States." 



46 JOURNAL OF THE [4th Session, 

Pending the consideration of this amendment, Mr. Jones, of 
Rowan, moved an adjournment, on which the ayes and noes 
were ordered, on motion of Mr. Michal, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
Berry, Bogle, Brown, Bryson, Bunting, Caldwell, Calloway, 
Cannon, Donnell, Douthitt, Edwards, Eller, Foster of Ran- 
dolph, Gilmer, Graham, Greenlee, Ileaden, Holden, Houston, 
Jones of Rowan, Joyce, Kelly, Kittrell, Leak of Anson, Long, 
McNeill of Cumberland, Mebane, Miller, Mitchell, Myers, 
Penland, Rhodes, Ruffin, Satterthwaite, Smith of Johnston, 
Smith of Macon, Speed, Spruill of Bertie, Starbuck, Suther- 
land, Warren, Washington and Wooten — 49. 

Noes — Messrs. Battle of Nash, Christian, Cunningham, 
Dickson, Dillard, Durham, Foster of Ashe, Gorrell, Green, 
Hamlin, Hearne, Howard, Johnston, Jones of Caldwell, Leak 
of Richmond, McDowell of Burke, McDuffie, Michal, Phifer, 
Rayner, Royster, Sanders, Schenck, Setzer, Strange, Strong 
of Mecklenburg, Thornton, Wilson and Woodfin — 28. 

So the Convention adjourned to 10 o'clock to-morrow morning. 



IN CONVENTION, Saturday, May 3, 1862. 

The Convention met, the President in the chair. 

The journal of yesterday was read and approved. 

The President laid before the Convention a report from the 
Board of Claims, which, on motion of Mr. Satterthwaite, was 
referred to a select committee. 

The President announced the following as the committee : 
Messrs. Mebane, Leak of Anson, McNeill of Cumberland, 
Johnston and Atkinson. 

Mr. Howard offered the following : 

Resolved, That the committee of Finance inquire into the 
propriety of issuing an additional amount of Treasury notes of 
the denominations of ten cents and five cents. On motion, the 
rules were suspended and the resolution adopted. 



1862.] STATE CONVENTION. 47 

Mr. Myers offered the following : 

Resolved, That the unfinished business of yesterday be post- 
poned until Monday next at 3 o'clock, P. M., and that the 
Convention go into secret session at 3 o'clock, this day, to con- 
sider the subject of a supply of Salt. 

Resolved, further, That the consideration of the supply of 
salt shall have precedence of all miscellaneous matters now 
on the calendar. 

The rules were, on motion, suspended for the purpose of con- 
sidering the resolutions at this time. 

Mr. Sanders moved to amend by striking out "Monday," 
and inserting "Tuesday," and it was not agreed to. 

Mr. Howard moved the following substitute : That this Con- 
vention will go into secret session this morning at 11 o'clock 
to consider the supply of salt. 

Mr. Gilmer moved to lay the subject on the table, on which 
the ayes and noes were ordered, on motion of Mr. Howard, 
and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Atkinson, Barnes, Berry, Bogle, 
Bryson, Calloway, Cannon, Christian, Dick, Douthitt, Edwards, 
Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Green, Hamlin, Hearne, Headen, Holden, Houston, 
Jones of Rowan, Joyce, Kittrell, Long, Mann, Merritt, Mitchell, 
Osborne, Rayner, Rhodes, Sanders, Satterthwaite, Shipp, Smith 
of Johnston, Smith of Macon, Speed, Spruill of Tyrrell, Star- 
buck, Thomas of Carteret, Washington and Wilson — 45. 

Noes — Messrs. Bagley, Batchelor, Battle of Nash, Bunting, 
Caldwell, Cunningham, Dickson, Dillard, Durham, Greenlee, 
Howard, Johnston, Leak of Anson, Leak of Richmond, Lind- 
say, McDowell of Burke, McDuffie, Miller, Myers, Penland, 
Phifer, Royster, Schenck, Setzer, Spruill of Bertie, Strange, 
Strong of Mecklenburg, Sutherland, Thompson, Thornton, 
Williamson and Wooten — 32. 

Mr. Satterthwaite introduced an ordinance to prevent injus- 
tice being done to persons who have employed substitutes for 
the war, which was read and referred to the committee on the 
Adjutant General's communication. 
57 



48 JOURNAL OF THE [4th Session, 

The unfinished business of yesterday was now taken up, being 
the ordinance relating to the legislative department of the Con- 
stitution — the pending question being on the motion of Mr. 
Ruffin. 

After some discussion the amendment was withdrawn in order 
that amendments to other parts of the section could be intro- 
duced. 

Mr. Schenck moved to strike out the word "biennial," in the 
second line, and insert "annual," on which the ayes and noes 
were ordered, on motion of Mr. Schenck, and resulted in the 
negative, as follows : 

Ayes — Messrs. Allison, Atkinson, Barnes, Brown, Bunting, 
Caldwell, Edwards, Gilmer, Holden, Jones of Rowan, Kelly, 
Miller, Osborne, Sanders, Satterthwaite, Schenck, Smith of 
Johnston, Speed, Spruill of Bertie, Thornton, Williamson and 
Wooten— 22. 

Noes— Messrs. Badger, Bagley, Batchelor, Battle of Nash, 
Berry, Bogle, Bryson, Calloway, Cannon, Christian, Cunning- 
ham, Dick, Dickson, Dillard, Donnell, Douthitt, Durham, Eller, 
Foster of Ashe, Foster of Randolph, Gorrell, Graham, Green, 
Greenlee, Hamlin, Hearne, Houston, Howard, Johnston, Joyce, 
Kittrell, Leak of Anson, Leak of Richmond, Lindsay, Long, 
Mann, McDowell of Burke, McDowell of Madison, McDuffie, 
Mebane, Merritt, Michal, Mitchell, Penland, Phifer, Rayner, 
Rhodes, Royster, Ruffin, Setzer, Shipp, Smith of. Macon, Spruill 
of Tyrrell, Starbuck, Strong of Mecklenburg, Sutherland, 
Thomas of Carteret, Thompson, Warren, Washington, Wilson 
and Woodfin — 62. 

Mr. Graham moved to strike out the word "annual," in the 
third line, on which the ayes and noes were ordered, on motion 
of Mr. Sanders, and resulted in the negative, as follows : 

Ayes — Messrs. Barnes, Battle of Nash, Berry, Cannon, 
Christian, Dickson, Dillard, Donnell, Foster of Ashe, Graham, 
Green, Joyce, Kelly, Leak of Anson, Leak of Richmond, Pen- 
land, Sanders, Spruill of Tyrrell, Starbuck, Warren and Wil- 
son — 21. 

Noes— Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
lor, Bogle, Brown, Bryson, Bunting, Caldwell, Calloway, Cun- 



1862.] STATE CONVENTION. 49 

ningham, Dick, Douthitt, Durham, Edwards, Eller, Foster of 
Randolph, Gilmer, Gorrell, Greenlee, Hamlin, Hearne, Holden, 
Houston, Howard, Johnston, Jones of Rowan, Kittrell, Lindsay, 
Long, Mann, McDowell of Burke, McDowell of Madison, Mc- 
Duffie, Mebane, Merritt, Michal, Miller, Mitchell, Osborne, 
Phifer, Rayner, Rhodes, Royster, Ruffin, Satterthwaite, Schenck, 
Setzer, Shipp, Smith of Johnston, Smith of Macon, Speed, 
Spruill of Bertie, Strong of Mecklenburg, Sutherland, Thomas 
of Carteret, Thornton, Washington, Williamson, Woodfin and 
Wooten— 62. 

Mr. Gorrell to moved amend so that the limitation should only 
extend to the second session, and the amendment not agreed to. 

Mr. Osborne moved to amend so that the session might be 
extended' beyond forty-five days, and it was not agreed to. 

Mr. Ruffin now renewed his motion, on which the ayes and 
noes having been previously ordered, were now taken, and 
resulted in the negative, as follows : 

Ayes — Messrs. Bogle, Brown, Donnell, Lindsay, Mann, 
Rhodes, Ruffin, Speed, Strange, Strong of Mecklenburg, Thomas 
of Carteret, Warren and Williamson — 13. 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
lor, Battle of Nash, Berry, Bryson, Bunting, Caldwell, Callo- 
way, Cannon, Christian, Cunningham, Dick, Dickson, Dillard, 
Douthitt, Durham, Edwards, Eller, Foster of Ashe, Foster of 
Randolph, Gilmer, Gorrell, Graham, Green, Hamlin, Hearne, 
Holden, Houston, Howard, Johnston, Jones of Rowan, Joyce, 
Kelly, Leak of Anson, Leak of Richmond, Long, McDowell of 
Burke, McDowell of Madison, McDuffie, Meares, Mebane, Mer- 
ritt, Michal, Miller, Mitchell. Osborne, Phifer, Rayner, Royster, 
Sanders, Satterthwaite, Schenck, Setzer, Shipp, Smith of John- 
ston, Smith of Macon, Spruill of Bertie, Starbuck, Sutherland, 
Thornton, Washington, Wilson, Woodfin and Wooten — dQ. 

He now moved to strike out "fifty-five" and insert "fifty- 
two," on which the ayes and noes were ordered, on motion of 
Mr. Berry, and resulted in the negative, as follows : ' 

Ayes — Messrs. Allison, Batchelor, Bogle, Dickson, Gorrell, 
Lindsay, Merritt, Mitchell, Rayner, Rhodes, Ruffin, Satter- 
thwaite, Strange and Strong of Mecklenburg — 14. 



50 JOURNAL OF THE [4th Session, 

Noes — Messrs. Atkinson, Badger, Bagley, Barnes, Battle of 
Nash, Berry, Bryson, Bunting, Caldwell, Calloway, Cannon, 
Christian, Cunningham, Dick, Dillard, Douthitt, Durham, Ed- 
wards, Eller, Foster of Ashe, Foster of. Randolph, Gilmer, 
Graham, Green, Hamlin, Hearne, Holden, Houston, Howard, 
Johnston, Jones of Rowan, Joyce, Kelly, Leak of Anson, Leak 
of Richmond, Long, McDowell of Burke, McDowell of Madi- 
son, McDuffie, Michal, Miller, Osborne, Phifer, Royster, San- 
ders, Schenck, Setzer, Shipp, Smith of Johnston, Smith of 
Macon, Starbuck, Sutherland, Thompson, Thornton, Washing- 
ton, Williamson, Wilson, Woodfin and Wootea — 59. 

Mr. Cannon moved to strike out "forty-five" and insert 
" thirty," and it was not agreed to. 
The 7th section was then read. 

Mr. Ruffin moved to amend the last line so that it shall read, 
" a freehold of the assessed value for taxation of, at least, one 
thousand dollars," which was agreed to. 

Mr. Barnes now moved to strike out " twenty -five " and insert 
" twent3 r -one," on which the ayes and noes were ordered', and 
resulted in the negative, as follows : 

Ayes — Messrs. Barnes, Batchelor, Bryson, Cunningham, 
Donnell, Green, Hamlin, Joyce, Kittrell, McDuffie, Sanders, 
Schenck, Spruill of Bertie, Thornton and Warren — 15. 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Battle of 
Nash, Berry, Bogle, Brown, Bunting, Caldwell, Calloway, Can- 
non, Christian, Dick, Dickson, Dillard, Douthitt, Durham, Ed- 
wards, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell, Graham, Greenlee, Houston, Howard, Johnston, Jones 
of Rowan, Leak of Anson, Leak of Richmond, Long, Mann, 
McDowell of Burke, McDowell of Madison, Merritt, Michal, 
Miller, Mitchell, Osborne, Penland, riiifer, Rayner, Rhodes, 
Royster, Ruffin, Satterthwaite, Setzer, Shipp, Smith of Macon, 
Starbuck, Strange, Strong of Mecklenburg, Strong of Wayne, 
Sutherland, Thompson, Washington, Williamson, Wilson, Wood- 
fin and Wooten — 63. 

He also moved to strike out all that part which requires a 
freehold qualification. 



1862.] STATE CONVENTION. 51 

In order to perfect, before the vote was taken, Mr. Jones, of 
Rowan, moved to strike "one thousand," and insert "five hun- 
dred dollars." 

Pending the consideration of which, the hour arrived, and the 
Convention took a recess until 4 o'clock. 



4 O'clock, P. M. 

The Convention met and resumed the consideration of the 
question pending at the hour of adjournment on yesterday, 
being the ordinance to define and punish sedition, the immediate 
question being on the amendment offered by Mr. Brown. 

By consent, Mr. Rayner modified the words proposed to be 
stricken out, so as to read, "the execution of the laws," in place 
of "the government." 

Mr. Satterthwaite moved that the ordinance be indefinitely 
postponed, on which he asked the ayes and noes, which being 
ordered, resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
Battle of Wake, Berry, Bogle, Brown, Bryson, Calloway, Can- 
non, Christian, Dick, Donnell, Douthitt, Eller, Foster of Ashe, 
Foster of Randolph, Gilmer, Graham, Greenlee, Hamlin, 
Hearne, Holden, Jones of Rowan, Joyce, Kittrell, Leak of 
Anson, Lindsay, Long, Mann, Mitchell, Phifer, Satterthwaite, 
Shipp, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
Sutherland, Thomas of Carteret, Warren, Williamson and Wil- 
son — 45. 

Noes — Messrs. Batchelor, Battle of Nash, Bunting, Caldwell, 
Cunningham, Dillard, Durham, Edwards, Green, Howard, 
Johnston, Leak of Richmond, McDowell of Burke, McDowell 
of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
Penland, Rayner, Royster, Ruffin, Schenck, Setzer, Strong of 
Mecklenburg, Thompson, Thornton, Washington, Woodfin and 
Wooten— 29. . 

On motion of Mr. Barnes, the Convention adjourned. 



52 JOURNAL OF THE [4th Session, 

IN CONVENTION, Monday, May 5, 1862. 

The President took the chair and called the Convention to 
order. Prayer by Rev. Henry Hardie, of the Presbyterian 
Church. 

The journal of Saturday was read and approved. 

Messrs. Osborne and Williams asked and obtained leave to 
have it stated on the journal that if they had been present on 
Saturday they would have voted in the negative on the motion 
to indefinitely postpone the ordinance to define and punish 
sedition. 

Mr. Houston, of Union, asked leave to have it stated that he 
would have voted in the affirmative. 

Mr. Kittrell, from the committee to whom was referred an 
ordinance to prevent injustice to persons who have employed 
substitutes for the war, made an adverse report thereon, which, 
on motion of Mr. Starbuck, was ordered to lie on the table. 

On motion of Mr. Howard, the communication of the Gover- 
nor in relation to the troops in camp, and the expense of the 
maintenance of the same, was referred to the Finance Com- 
mittee. 

Mr. Kittrell offered the following, which was agreed to, under 
a suspension of the rules : 

Resolved, That His Excellency, the Governor, be requested 
to furnish this Convention with all the information he has from 
the War Department in regard to the conscription law of the 
Confederate Congress. 

Mr. Smith, of Johnston, introduced an ordinance to limit the 
price of cotton yarns, which passed the first reading. 

Mr. Spruill, of Bertie, introduced an ordinance to repeal an 
act of the last General Assembly, passed at its first session, 
providing for tax collectors in certain counties, so far as relates 
to the county of Bertie, which passed the first reading. 

Mr. Schenck moved to rescind that part of a recent order of 
the Convention which provides for night sessions. 

Mr. Gilmer moved to lay the motion on the table, on which 
the ayes and noes were ordered, on motion of Mr. Schenck, 
and resulted in the affirmative, as follows : 



1862.] STATE CONVENTION. 53 

Ayes — Messrs. Allison, Batchelor, Battle of Nash, Berry, 
Bogle, Bryson, Bunting, Calloway, Christian, Cunningham, 
Dick, Dickson, Dillard, Douthitt, Eller, Foster of Ashe, Gilmer, 
Hamlin, Hearne, Houston, Howard, Johnston, Joyce, Kittrell, 
Leak of Anson, McDuffie, Michal, Miller, Moseley, Myers, 
Osborne, Penland, Rayner, Rhodes, Setzer, Smith of Johnston, 
Smith of Macon, Speed, Spruill of Bertie, Strong of Mecklen- 
burg, Thomas of Carteret, Wilson and Woodfin — 43. 

Noes — Messrs. Atkinson, Bagley, Barnes, Battle of Wake, 
Brown, Cannon, Durham, Edwards, Foster of Randolph, Green- 
lee, Headen, Holden, Jones of Caldwell, Jones of Rowan, Leak 
of Richmond, Lindsay, Long, Mann, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, Merritt, Phifer, 
Ruffin, Satterthwaite, Schenck, Shipp, Starbuck, Sutherland, 
Thompson, Thornton, Warren, Williams, Williamson and 
Wooten— 35. 

Mr. Osborne presented a memorial from certain citizens of 
Mecklenburg county, asking aid from the State in the estab- 
lishment of a rifle manufactory in that county, which, on his 
motion, was referred to a select committee, on which the Presi- 
dent appointed Messrs. Osborne, Moseley, Greenlee, Starbuck 
and McDowell of Madison. 

On motion of Mr. Osborne, the Principal Secretary was 
authorized, if he shall find it necessary, to enable him to make 
out his journal, to employ one or more assistants. 

The Convention then took up for consideration the ordinance 
relating to the legislative department of the Constitution, the 
pending question being on the amendment offered by Mr. Jones, 
of Rowan, on which the ayes and noes were ordered, on his 
motion. 

After some discussion, the amendment was temporarily with- 
drawn. 

Mr. Ruffin moved to amend - so that persons owning three 
hundred acres of land, in fee, shall be entitled to a seat in the 
Senate, which was agreed to. 

Mr. Jones, of Rowan, then renewed his amendment, and the 
ayes and noes being taken, resulted in the negative, as follows : 



54 JOURNAL OF THE [4th Session, 

Ayes — Messrs. Barnes, Brown, Bryson, Christian, Cunning- 
ham, Dick, Dillard, Donnell, Durham, Gilmer, Hamlin, Headen, 
Holden, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, 
Lindsay, McDowell of Burke, McDuffie, McNeill of Cumber- 
land, Merritt, Miller, Penland, Rayner, Schenck, Setzer, Shipp, 
Smith of Macon, Spruill of Bertie, Starbuck, Thomas of Car- 
teret, Thornton, Warren, Wilson, Woodfin and Wooten — 37. 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
lor, Battle of Nash, Battle of Wake, Berry, Bogle, Bunting, 
Calloway, Cannon, Dickson, Douthitt, Edwards, Eller, Foster 
of Ashe, Foster of Randolph, Greenlee, Hearne, Houston, 
Howard, Johnston, Leak of Anson, Leak of Richmond, Long, 
Mann, McDowell of Madison, Mich'al, Mitchell, Moseley, My- 
ers, Osborne, Phifer, Rhodes, Ruffin, Satterthwaite, Smith of 
Johnston, Speed, Strong of Mecklenburg, Sutherland, Thomp- 
son, Williams and Williamson — 44. 

Mr. Starbuck moved to amend by striking out the freehold 
qualification and inserting a provision that a Senator shall 
possess one thousand dollars worth of taxable property, which 
was not agreed to. 

Mr. Woodfin moved to add to the section as follows : " Or 
shall possess an interest in manufacturing in the district of one 
thousand dollars," which was not agreed to. 

[Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, the ordinance in favor of Rev. 
Maurice II. Vaughan, and the same was duly ratified.] 

The question then recurred on the motion of Mr. Barnes to 
strike out all of^the section which requires a freehold qualifica- 
tion, on which the ayes and noes were ordered, on his motion, 
and resulted in the negative, as follows : 

Ayes — Messrs. Barnes, Brown, Bryson, Christian, Cunning- 
ham, Dick, Donnell, Headen, Holden, Jones of Rowan, Joyce, 
Kittrell, McDowell of Burke, McDowell of Madison, McDuffie, 
McNeill of Cumberland, Penland, Schenck, Shipp, Spruill of 
Bertie, Starbuck, Thornton, Warren, Williams and Wood- 
fin— 25. 



1862.] STATE CONVENTION. 55 

Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
lor, Battle of Nash, Battle of Wake, Berry, Bogle, Bunting, 
Calloway, Cannon, Dickson, Dillard, Douthitt, Durham, Ed- 
wards, Eller, Foster of Ashe, Foster of Randolpn, Greenlee, 
Ilearne, Houston, Howard, Johnston, Jones of Caldwell, Leak 
of Anson, Leak of Richmond, Long, Mann, Merritt, Michal, 
Miller, Mitchell, Moseley, Myers, Osborne, Phifer, Rayncr, 
Rhodes, Ruffin, Sattcrthwaite, Setzcr, Smith of Johnston, 
Smith of Macon, Speed, Strong of Mecklenburg, Sutherland, 
Thomas of Carteret, Thompson, Williamson, Wilson and Woo- 
ten— 53. 

Mr. Ruffin moved to amend the 8th section by adding, " or 
real estate, in fee, assessed for taxation, of the value of five 
hundred dollars," which was agreed to. 

' Mr. Howard moved to strike out "five hundred dollars," and 
insert "three hundred dollars," and the motion prevailed. 

Mr. Woodfm moved to strike out all of the section requiring 
a freehold qualification. .On this motion the ayes and noes 
were ordered, on motion of Mr. Smith, of Johnston, and resulted 
in the negative, as follows : 

Ayes — Messrs. Brown, Bryson, Christian, Cunningham, 
Dick, Durham, Ilolden, Jones of Rowan, Joyce, McDowell ef 
Burke, McDowell of Madison, MeDuffic, McNeill of Cumber- 
land, Penland, Schenck, Shipp, Smith of Johnston. Starbuck, 
Thomas of Carteret, Thornton, Warren, Williams, Wilson and 
Woodfin— 24. 

Noes — Messrs. Allison. Atkinson, Badger, Bagley, Batche- 
lor, Battle of Nash, Berry, Bogle, Bunting, Calloway, Cannon, 
Dickson, Dillard, Douthitt, Edwards, Eller, Foster of Ashe, 
Hearne, Houston, Howard, Johnston, Jones of Caldwell, Leak 
of Anson, Leak of Richmond, Long, Mann, Michal, Miller, 
Mitchell, Myers, Osborne, Phifer, Rayncr, Rhodes, Ruffin, Sat- 
terthwaite, Setzer, Strong of Mecklenburg, Sutherland, Thomp- 
son, Williamson and Wooten — 42. 

Mr. Lea.k, of Richmond, moved to strike out "twenty-one 
and insert "twenty-five," and it was not agreed to. 



56 JOURNAL OF THE [4th Session, 

Mr. Thornton moved to reconsider the last vote, and the 
motion did not prevail. 

Mr. Ruffin then moved to amend the 9th section by adding, 
"in the county or district for which he is chosen," and it was 
agreed to. 

Sections 10, 11 and 12 were read. 

Mr. Howard moved to amend that relating to ministers of 
the gospel holding seats in the General Assembly, by adding, 
"or while he holds a license to preach," which was agreed to. 

Mr. Ruffin moved to insert in the 9th line of the 13th sec- 
tion, after thej word "militia," the words, "not in actual ser- 
vice," which was agreed to. 

The clauses from 1 to 10 of the 2nd section of the commit- 
tee's report were then read, when the hour arrived, and the 
Convention took a Tecess. 



4 O'clock, P. M. 

Mr. Schenck offered a resolution asking the Governor whether, 
after the troops now in camps of instruction are transferred to 
the Confederate States, it will be necessary to retain on pay, 
the Quartermasters, Commissaries, and other State officers of a 
similar character, and if so, how long and for what purpose. 

The resolution was adopted, under a suspension of the rules. 

A communication was received from the Governor inclosing 
a letter from George W. Randolph, Secretary of War, in rela- 
tion to the conscript act of Congress, which being read, it was 
ordered to lie on the table, and ten copies for each member to 
be printed. 

On motion of Mr. Howard, the Convention took up for con- 
sideration the ordinance to amend the ordinance to raise North 
Carolina's quota of Confederate troops, on its second reading. 

Mr. Calloway moved an additional section, as follows: That 
all volunteers for three years or the war that have volunteered 
or may volunteer before the 17th instant, and shall continue in 
service for the war, shall be entitled to the bounty of fifty dol- 



1862.] STATE CONVENTION. 57 

lars heretofore paid, although they may be over thirty-five 
years of age, and it was agreed to. 

The ordinance then passed the second reading, and was read 
the third time. 

Mr. Howard moved the following amendment : That the Gov- 
ernor be, and he is hereby directed to discharge all volunteers 
over thirty-five years of age not yet transferred to the Confede- 
rate States that may desire a discharge, and it was agreed to. 

Mr. Gilmer moved to insert after the word " Congress," 
where it first occurs, the words, "as volunteers," which was 
not agreed to. 

The ordinance then passed the third reading and was ordered 
to be enrolled. 

Mr. Badger moved to reconsider the last vote, and it was 
not agreed to. 

The ordinance to enable the Western Railroad company to 
complete their road was then taken up and read the second time. 

Mr. Foster, of Randolph, moved the following substitute : 
That that part of section 5, of an act entitled "an act to ena- 
ble the Western Railroad company to extend their road from 
the Coalfields to the North Carolina Railroad," which requires 
the President to certify to the Governor that the company has 
purchased the iron rails, chairs and spikes, and will forthwith 
proceed to lay down and complete each section of ten miles, 
before said company is entitled to receive the sum of one hun- 
dred thousand dollars, be, and the same is hereby repealed. 

Pending the consideration of this question, the hour of 6A 
o'clock arrived, and the Convention took a recess until 7£ 
o'clock. 



fcf O'clock, P. M. 

The Convention met, Mr. Barnes, at the request of the 
President, in the chair.' 

On motion of Mr. Sattcrthwaite, -the roll of members was 
called and the following answered to their names : 



58 JOURNAL OF THE [4th Session, 

Messrs. Bagley, Barnes, Batchclor, Battle of Nash, Battle 
of Wake, Berry, Bryson, Bunting, Caldwell, Cannon, Christian, 
Cunningham, Darden, Dicksqn, Dillard, Donnell, Douthitt, 
Durham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrel.l, llearne, Headen, Iloldcn, Houston, Howard, Johnston, 
Jones of Caldwell, Joyce, Kelly, Leak of Richmond, Long, 
Mann, MoDuffie, McNeill of Cumberland, Michal, Miller, My- 
ers, Penland, Rhodes, Roystcr, Satterthwaite, Sctzer, Smith of 
Johnston, Smith of Macon, Speed, Starbuck, Strong of Meck- 
lenburg, Thomas of Carteret, Thornton, Warren, Williams and 
Wilson — 52. 

There not being a quorum present, 

Mr. Berry moved an adjournment, on which the ayes and 
nnrs were ordered, on motion of Mr, Speed, and resulted in 
the negative, as follows : 

Ay.ks — Messrs. Bagley, Barnes, Berry, Buntings Donnell, 
Oouthilt, Durham, Eller, Foster of Ashe,, DIearnc, Johnston, 
Kittrell, Mann, McDuflie, McNeill of Cumberland, Smith of 
Johnston, Thomas of Carteret," and Thornton — 18. 

Noes — Messrs. Batcbclor, Battle of Nash, Battle of Wake, 
Bryson, Christian, Cunningham, Darden, Dillard, Foster of 
Randolph, Gilmer, Houston, Howard, Jones of Caldwell, Joyce, 
Michal, Myers, Penland, Rhodes, Sattcrthwaite, Setzer, Smith 
of Macon, Speed, Starbuck, Strong of Mecklenburg, and Wil- 
son-^25. 

After some suggestions as to the propriety of a call of the 
House, 

Mr. Thomas, ; *of Carteret, moved an adjournment, on -which 
the ayes and noes were ordered, on motion of Mr. Howard, and 
resulted in the negative, as follows : 

Ayes — Messrs. Bagley, Barnes, Berry,, , Bunting, Donnell, 
Douthitt, Eller, Johnston, Leak of Richmond, Mann, McDuffie, 
McNeill of Cumberland, Thomas of Carteret, Thornton and 
Williams— 15. 

N UES — Messrs. Batchelor, Battle of Nash, Battle of Wake, 
Bryson, Cannon, Christian, Cunningham, Darden, Dickson, 
Dillard, Durham, Foster of Ashe, Foster of Randolph, Gilmer, 



1862.] STATE CONVENTION. 59 

Gorrell, Hearne, Headen, Holden, Houston, Howard, Jones of 
Caldwejl, Joyce, Long, Michal, Miller, Myers, Penland, Etayner, 
Rhodes, Royster, Satterthwaite, Setzer, Smith of 'Johnston, 
Smith of Macon, Speed, Starbuck, Strong of Mecklenburg, 
Warren and Wilson — 39. 

Mr. Speed moved that the Doorkeeper be sent for absent 
members, and it was not agreed to. 

Mr. Satterthwaite moved an adjournment, on which the ayes 
and noes were ordered, on motion of Mr. Cannon, and resulted 
in the negative, as follows: 

Ayes — Messrs. Bagleyj Barnes, Batchelor, Battle of Nash, 
Berry, Bunting, Christian, Dickson, Douthitt, Durham, Ellcr, 
Foster of Randolph, Houston. Howard, Leak of Richmond, 
Long, McDuffie, McNeill of Cumberland, Satterthwaite, Thorn- 
ton and Williams — 21. 

Noes — Messrs. Allison, Buttle of Wake, Bryson, Calloway, 
Cunningham, Darden, Dillard, Donnell, Foster of Ashe, Gilmer, 
Gorrell, Hearne, [leaden, Holden, Johnston, Jones of Caldwell, 
Joyce, Mann, Michal, Miller, Myers, I'enlarid, Ray nor, Rhodes, 
.Royster, Setzer, Smith of Johnston, Smith of Macou, Speed, 
Starbuck, Strong of Mecklenburg, Thomas of Carteret, War- 
ren and Wilson — 35. 

Mr. Michal moved that the doors be closed, and it was not 
agreed to. 

Mr. Long moved that the Convention adjourn, on which the 
ayes and noes were again ordered, and resulted in the affirma- 
tive, as follows : 

Ayes — Messrs. Bagley, Barnes, Battle of Nash, Berry, 
Bunting, Christian, Darden, Dickson, Douthitt, Durham, Eller, 
Foster of Ashe, Foster of Randolph, Hearne, Headen, Hous- 
ton, Howard, Johnston, Jones of Caldwell, Leak of Richmond, 
Long, McDuffie, McNeill of Cumberland, Michal, Osborne, 
Rayncr, Satterthwaite, Smith of Macon, Thornton, Williams 
and Woodfin — 31. 

Noes— Messrs. Allison, Batchelor, Battle of Wake, Bry.-oi;. 
Calloway, Cannon, Cunningham, Dillard, Donnell, Gilmer, 
Gorrell, Holden, Joyce, Leak of Anson, Mann, Miller, Myers, 



60 JOURNAL OF THE [4th Session, 

Penland, Rhodes, Royster, Setzer, Smith of Johnston, Speed, 
Starbuck, Strong of Mecklenburg, Thomas of Carteret, War- 
ren and "Wilson — 26. 

The Convention then adjourned until o'clock to-morrow 
morning. 



IN CONVENTION, Tuesday, May 6, 1862. 

The President called the Convention to order pursuant to 
adjournment. 

On a count, it was found there Was not a quorum present. 

Mr. Thompson moved a call of the House, whichwas agreed to. 

Pending the call, several members entered, when it was found 
that a quorum was present, and further proceedings on the call 
were dispensed with. 

The journal of yesterday ^as then read and approved. 

Mr. lluffin offered the following : 

Resolved, That the committee of Finance inquire what further 
sum will probably be required for the payment of the military 
bounty provided by the ordinance passed yesterday, and report 
a proper method for raising the same, which was adopted, under 
a suspension of the rules. 

Mr. Speed introduced an ordinance to authorize the Public 
Treasurer to pay Rev. F. V. Hoskins for services as chaplain 
of the seventh regiment, which passed its first reading. 

On his motion the rules were suspended, the ordinance read 
the second and third times, passed, and ordered to be enrolled. 

Mr. Battle, of Wake, introduced an ordinance in regard to 
the Board of Claims, which passed its first reading. On mo- 
tion, the rules were ^suspended, the ordinance read the second 
and third times, passed, and ordered to be enrolled. 

The Convention proceeded to consider the ordinance in rela- 
tion to the legislative department of the Constitution. 

Mr. Howard moved to strike out the parts of the 9th clause 
of the 2nd section, which provides that the election by the peo- 
ple shall be by ballot, on which the ayes and noes were ordered, 



1862.] STATE CONVENTION. Gl 

on motion of Mr. Graham, and resulted in the negative, as 
follows : 

Ayes— Mr. Howard — 1. 

Noes — Messrs. Allison, Baglcy, Barnes, Batchelor, Battle of 
Edgecombe, Battle of Nash, Berry, Bogle, Brown, Bryson, 
Bunting, Calloway, Cannon, Cunningham, Darden, Dillard, 
Donnell, Douthitt, Durham, Edwards, Eller, Foster of Ashe, 
Foster of Randolph, Gilmer, Gorrell, Graham, Hamlin, Headen, 
Holmes, Houston, Johnston, Jones of Rowan, Joyce, Kittrell, 
Leak of Anson, Leak of Richmond, Lindsay, Long, Mann, 
Manning, McDowell of Burke, McDuffie, McNeill of Cumber- 
land, Merritt, Michal, Miller, Mitchell, Moseley, Myers, Pen- 
land, Pettigrew, Rayner, Rhodes, Royster, Ruffin, Sanders, 
Schenck, Shipp, Smith of Johnston, Speed, Sprui,ll of Tyrrell, 
Starbuck, Sutherland, Thompson, Thornton, Warren, Williams, 
Woodfin and Wooten— 69. 

Mr. Badger moved to amend the 3rd ■ .clause of the 3rd sec- 
tion so that it shall read, "the General Assembty shall pass no 
law or joint resolution having the force of law, except by the 
vote, on the third reading, of a majority of the whole number 
of members of each House. 

Mr. Woodfin moved that the ordinance lie on the table, on 
which the aves and noes were ordered, on motion of Mr. Gor- 
rell, and resulted in the affirmative, as follows : aves 41, noes 36. 

[The record of the ayes and noes on this vote has been mis- 
placed, and cannot be given.] 

The Convention then took, as next in order, on the calendar, 
the ordinance to secure just and equal taxation. On motion of 
Mr. Calloway, it was ordered to lie on the table. 

The ordinance to amend the Constitution in relation to Jus- 
tices of the Peace, was taken up. 

Mr. Howard moved to lay it on the table, on which the ayes 
and noes were ordered, on motion of Mr. Barnes, and resulted 
in the affirmative, as follows : 

Ayes — Messrs. Atkinson, Badger, Baglcy, Batchelor, Battle 
of Edgecombe, Battle of Nash, Brown, Bunting, Cunningham, 
Darden, Dickson, Dillard, Durham, Edwards, Greenlee, Holmes, 



62 JOURNAL OF THE [4th Session, 

Houston, Howard, Johnston, Jones of Rowan, Leak of Anson, 
Leak of Richmond, McDowell of Burke, McDowell of Madi- 
son, McDuflle, Michal, Mffter, Mitchell, Moseley, Osborne, 
Penland, Pettigrew, Rayner, Royster, Ruffin, Schenck, Setzer, 
Shipp, Sutherland, Thompson, Thornton, Williams, Williamson, 
Woodfin and Wooten — 4-3. 

Noes — Messrs. Allison, Barnes, Berry, Bogle, Bryson, Cal- 
loway, Douthitt, Eller, Gilmer, Gorrell, Graham, • Hamlin, 
Headen, Jones of Caldwell, Joyce, Long, Manning, McNeill of 
Cumberland, McNeill of Harnett, Merritt, Rhodes, Sanders, 
Smith of Johnston, Speed, Starlmck and Wilson — 20. 

The ordinance in relation to the Executive Department was 
now taken up. 

Mr. Howard moved that it lie on the table, on which the 
ayes and noes were ordered, on motion of Mr. Badger, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. AtMnson, Batchelor, Battle of Edgecombe, 
Battle of Nash, Brown, Bunting, Cunningham, Dard'en, Dick- 
son, Dillard, Durham, Edwards, poster of Ashe, Greenlee, 
Holmes, Houston, Howard, Johnston, Jones of Rowan, Leak 
of Anson, Leak of Richmond, McDowell of Burke, McDowell 
of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
Moseley, Osborne, Penland, Pettigrew, Rayner, Royster, 
Schenck, Setzer, Sutherland, Thompson, Thornton, Williams, 
Williamson, Woodfin jjpd. Wooten — 43. 

Noes — Messrs. Allison, Badger, Bagley, Barnes, Battle of 
Wake, Berry, Bogle, Bryson, Calloway, Cannon, Christian, 
Douthitt, Eller, Foster of Randolph, Gilmer, Gorrell, Graham, 
Hamlin, Ilearne, Headen, Holden, Jones of CahrWell, Joyce, 
Long, Manning, Merritt, Mitchell, Rhodes, Ruffin, Sanders, 
Shipp, Smith of Johnston, Speed, Starbuck and Wilson — 3G. 

The ordinance to provide for an advisory council was, on 
motion of Mr. Leak, of Richmond, laid upon the table. 

The ordinance to amend the 8th section of the Constitution 
was read. 

Mr. Thompson moved that it lie on the table, on which the ayes 
ami noes were ordered, on motion of Mr. Badger, and resulted 
in the affirmative, as follows : 



1862.] STATE CONVENTION. 63 

Ayes — Messrs. Atkinson, Batchelor, Battle of Nash, Battle 
of Wake, Berry, Brown, Bunting, Calloway, Cunningham, 
Darden, Dickson, Dillard, Donnell, Durham, Edwards, Eller, 
Foster of Randolph, Gorrell, Graham, Greenlee, Headen, 
Holmes, Houston, Howard, Johnston, Jones of Caldwell, Jones 
of Rowan, Joyce, Leak of Anson, Leak of Richmond, Long, 
McDowell of Burke, McDowell of Madison, McDuffie, McNeill 
of Cumberland, Michal, Miller, Mitchell, Moseley, Myers, Os- 
borne, Penland, Pettigrew, Rayner, Rhodes, Royster, Ruffin, 
Satterthwaite, Schenck, Setzer, Shipp, Starbuck, Sutherland, 
Thompson, Thornton, Warren, Williams, Williamson, Woodfin 
and Wooten — 60. 

Noes — Messrs. Allison, Badger, Barnes, Bogle, Bryson, 
Christian, Douthitt, Foster of Ashe, Gilmer, Hamlin, Hearne, 
Holden, Kittrell, Mann, McNeill of Harnett, Sanders, Smith 
of Johnston, Smith of Macon, and Wilson — 19. 

Messrs. Warren, Manning, Battle of Wake, Christian, Don- 
nell, Lindsay, Headen and Satterthwaite, who were absent 
from their seats when the vote was taken this morning, asked 
and obtained leave to have their votes recorded in the negative 
on the motion of Mr. Woodfin, that the ordinance in relation to 
the Legislative Department of the Constitution, lie on the table. 

Whereupon, the President announced that the record of said 
votes, as thus allowed by the Convention, in the negative, had 
changed the complexion of the result, and that now the Con- 
vention would proceed again to the consideration of the ordi- 
nance in relation to the Legislative Department of the Consti- 
tution. 

The question recurred on the amendment proposed by Mr. 
Badger, and that part of the amendment which proposed to 
insert the words, " or joint resolution having the force of law," 
was agreed to. 

The question being on that part which makes a majority of 
the whole number necessary to the passage of all laws, the 
ayes and noes were ordered, on motion of Mr. Badger, and 
resulted in the negative, as follows : 
59 



64 JOURNAL OF THE [4th Session, 

Ayes — Messrs. Badger, Batclielor, Battle of Edgecombe, 
Battle of Nash, Bunting, Calloway, Cunningham, Dillard, Ed- 
wards, Eller, Greenlee, Holmes, Howard, .'.Johnston, Jones of 
Rowan, Leak of Richmond, Manning, McNeill of Harnett, 
Merritt, Miller, Mitchell, Moseley, Phifer, Rayner, Royster, 
Strong of Mecklenburg, Sutherland, Thompson, Thornton, 
Williams and Wooten — 37. 

Noes — Messrs. Allison, Battle of Wake, Berry, Bogle, 
Brown, Bryson, Christian, Darden, Dickson, Douthitt, Dur- 
ham, Foster of Ashe, Foster of Randolph, Graham, Hamlin, 
Ileaden, Holden, Houston, Jones of Caldwell, Joyce, Kittrell, 
Lindsay, Long, Mann, McDowell of Burke, McDowell of Madi- 
son, McDuffie, McNeill of Cumberland, Michal, Myers, Os- 
borne, Rhodes, Ruffin, Sanders, Schenck, Setzer, Shipp, Smith 
of Johnston, Smith of Macon, Spruill of Bertie, Starbuck, 
Williamson, Wilson and Woodfin — 44. 

[On motion of Mr. Donnell, leave of absence from and after 
to-day, was granted to Messrs. Atkinson, Satterthwaite and 
Warren.] 

Mr. Badger moved to amend the ordinance by inserting after 
the word money, the words " or creating a debt of the State or 
imposing any charge on the State," on which the ayes and noes 
were ordered, on his motion, and resulted in the affirmative, as 
follows : 

Ayes— Messrs. Allison, Badger, Batchelor, Battle of Edge- 
combe, Battle of Nash, Battle of Wake, Bunting, Calloway, 
Cannon, Cunningham, Darden, Dickson, Dillard, Edwards, 
Eller, Foster of Ashe, Foster of Randolph, Gorrell, Headen, 
Holmes, Houston, Howard, Johnston, Jones of Rowan, Leak 
of Richmond, Manning, McNeill of Harnett, Merritt, Miller, 
Mitchell, Moseley, Tettigrew, Rayner, Rhodes, Royster, Ruffin, 
Sanders, Setzer, Smith of Johnston, Spruill of Tyrrell, Strong 
of Mecklenburg, Thompson, Thornton, Warren, Williams, 
Williamson and Wooten — 47. 

Noes — Messrs. Barnes, Berry, Bogle, Brown, Bryson, Chris- 
tian, Douthitt, Durham, Gilmer, Graham, Hearne, Jones of 
Caldwell, Joyce, Kittrell, Long, Mann, McDuffie, McNeill of 



1862.] STATE CONVENTION. 65 

Cumberland, Michal, Myers, Osborne, Penland, Phifer, Schenck, 

Shipp, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
Sutherland, Wilson and Woodfin — 3*2. 

Mr. Rayner moved to insert after the word "law," the words 
"or law for the incorporation or extension of the charter of 
any bank or corporation with banking privileges,'' on which the 
ayes and noes were ordered, on the motion of Mr. Rayner, and 
resulted in the negative, as follows : 

Ayes — Messrs. Allison, Badger, Batchelor, Battle of Edge- 
combe, Battle of Nash, Brown, Bunting, Calloway, Cannon, 
Cunningham, Darden, Dickson, Dillard, Foster of Ashe, Holmes, 
Houston, Howard, Jones of Rowan, Leak of Richmond, McNeill 
of Harnett, Merritt, Mitchell, Moseley, Pettigrew, Rayner, 
Rhodes, Royster, Ruffin, Smith of Johnston, Spruill of Tyrrell, 
Starbuck, Strong of Mecklenburg, Thompson, Thornton, Wil- 
liams and Wooten — 36. 

Noes — Messrs. Barnes, Berry, Bogle, Bryson, Christian, 
Douthitt, Durham, Eller, Foster of Randolph, Gilmer, Gorrell, 
Graham, Hamlin, Ilearne, Headen, Johnston, Jones of Caldwell, 
Joyce, Kittrell, Long, Manning, McDowell of Burke, McDowell 
of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
Myers, Osborne, Penland, Sanders, Schenck, Shipp, Smith of 
Macon, Speed, Wilson and Woodfin — 37. 

On motion, the Convention took a recess until 4 o'clock. 



4 O'clock, P. M. 

Mr. Myers moved to suspend the rules so as to take up the 
resolution heretofore introduced by him, in relation to a supply 
of salt, on which the ayes and noes were ordered, on motion of 
Mr. McDuffie, and resulted in the arffirmative, as follows : 

Ayes — Messrs. Barnes, Batchelor, Battle of Edgecombe, 
Battle of Nash, Battle of Wake, Brown, Bunting, Cunningham, 
Darden, Dickson, Dillard, Durham, Edwards, Foster of Ashe, 
Greenlee, Hoi den, Holmes, Houston, Howard, Johnston, Leak 
of Anson, Leak of Richmond, McDowell of Burke, Michal, 



66 JOURNAL OF THE [4th Session, 

Miller, Myers, Osborne, Penland, Phifer, Rhodes, Royster, 
Sanders, Schenck, Setzer, Shipp, Spruill of Tyrrell, Strong of 
Mecklenburg, Thompson, Thornton, Williams, Williamson and 
Woodfin— 42. 

Noes — Messrs. Badger, Bagley, Berry, Bogle, Bryson, Cal- 
loway, Cannon, Christian, Douthitt, Eller, Foster of Randolph, 
Gilmer, Gorrell, Graham, Hamlin, Hearne, Headen, Jones of 
Caldwell, Jones of Rowan, Joyce, Long, Mann, Manning, Mc- 
Duffie, McNeill of Cumberland, McNeill of Harnett, Mitchell, 
Moseley, Rayner, Ruffin, Starbuck, Sutherland, Wilson and 
Wooten— 34. 

The unfinished business of yesterday was taken up, the ques- 
tion being on the substitute offered by Mr. Foster, of Randolph. 
Mr. Batchelor moved that it lie on the table, on which the 
ayes and noes were ordered, on motion of Mr. Foster, of Ran- 
dolph, and resulted in the negative, as follows : 

Ayes — Messrs. Batchelor, Battle of Edgecombe, Battle of 
Nash, Berry, Brown, Cannon, Cunningham, Darden, Dillard, 
Douthitt, Edwards, Graham, Greenlee, Holmes, Houston, How- 
ard, Jones of Caldwell, Jones of Rowan, McDowell of Burke, 
Michal, Miller, Mitchell, Myers, Penland, Phifer, Rhodes, 
Royster, Sanders, Setzer, Shipp, Smith of Johnston, Strong of 
Mecklenburg, Thornton, Williams, Williamson and Woodfin — 36. 
Noes — Messrs. Badger, Bagley, Barnes, Battle of Wake, 
Bogle, Bryson, Bunting, Calloway, Christian, Dickson, Dur- 
ham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gor- 
rell, Hamlin, Hearne, Headen, Holden, Johnston, Joyce, Leak 
of Anson, Leak of Richmond, Long, Mann, McDuffie, McNeill 
of Cumberland, McNeill of Harnett, Moseley, Osborne, Petti- 
grew, Rayner, Ruffin, Speed, Spruill of Tyrrell, Sutherland, 
Thomas of Carteret, Thompson, Wilson and Wooten — 42. 

Mr. Foster moved to amend the substitute so as to provide 
that the lein to the State shall embrace all the property, real 
and personal, belonging to both the eastern and western divis- 
ions of the road, which was agreed to. 

The substitute was then adopted, and the question recurring 
on the passage of the ordinance, on its second reading, the 



1862.] STATE CONVENTION. 67 

ayes and noes were ordered, on motion of Mr. Foster, of Ran- 
dolph, and resulted in the affirmative, as follows : 

Ayes — Messrs. Badger, Barnes, Battle of Wake, Bryson, 
Calloway, Christian, Douthitt, Eller, Foster of Ashe, Foster of 
Randolph, Gilmer, Gorrell, Graham, Hamlin, Headen, Holden, 
Jones of Caldwell, Joyce, Kittrell, Leak of Richmond, Long, 
Manning, McDuffie, McNeill of Cumberland, McNeill of Har- 
nett, Osborne, Pettigrew, Rhodes, Ruffin, Smith of Macon, 
Speed, Spruill of Bertie, Spruill of Tyrrell, Starbuck, Strong of 
Mecklenburg, Sutherland, Washington, Wilson and Wooten — 39. 

Noes — Messrs. Batchelor, Berry, Bunting, Cannon, Cunning- 
ham, Darden, Dillard, Greenlee, Hearne, Holmes, Houston, 
Howard, Johnston, Jones of Rowan, Leak of Anson, Mann, 
McDowell of Burke, McDowell of Madison, Michal, Miller, 
Mitchell, Moseley, Myers, Penland, Phifer, Rayner, Royster, 
Sanders, Setzer, Thompson, Thornton, Williams, Williamson 
and Woodfin — 84. 

Mr. Badger moved to suspend the rules so as to put the ordi- 
nance on the third reading to-day, on which the ayes and noes 
were ordered, on motion of Mr. Howard, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Badger, Barnes, Battle of Wake, Bryson, 
Calloway, Christian, Darden, Dickson, Douthitt, Eller, Foster 
of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Ham- 
lin, Headen, Holden, Johnston, Joyce, KittrelL, Leak of Rich- 
mond, Long, Manning, McDuffie, McNeill of Cumberland, Mc- 
Neill of Harnett, Miller, Osborne, Pettigrew, Rhodes, Ruffin, 
Shipp, Smith of Macon, Speed, Spruill of Bertie, Spruill of 
Tyrrell, Starbuck, Strong of Mecklenburg, Sutherland, Wash- 
ington, Wilson and Wooten — 43. 

Noes — Messrs. Batchelor, Battle of Edgecombe, Berry, 
Bunting, Cannon, Cunningham, Dillard, Durham, Greenlee, 
Hearne, Holmes, Houston, Howard, Jones of Caldwell, Jones 
of Rowan, Leak of Anson, Mann, McDowell of Burke, Mc- 
Dowell of Madison, Michal, Mitchell, Moseley, Myers, Penland, 
Phifer, Rayner, Royster, Sanders, Setzer, Thompson, Thornton, 
Williams, Williamson and Woodfin — 34. 



68 JOURNAL OF THE [4th Session, 

Mr. Badger moved to adjourn, on which the ayes and noes 
were ordered, on motion of Mr. Michal, and resulted in the 
a ffirmative, as follows : 

Ayes — Messrs. Badger, Barnes, Battle of Edgecombe, Berry, 
Bunting, Cannon, Dickson, Durham, Edwards, Eller, Foster of 
Randolph, Hamlin, Ileaden, Holden, Holmes, Houston, How- 
ard, Johnston, Jones of Rowan, Leak of Richmond, Long, 
McDowell of Madison, McDuffie, McNeill of Cumberland, Mc- 
Neill of Harnett, Moseley, Myers, Osborne, Penland, Petti- 
grew, Ruffin, Schenck, Shipp, Spruill of Bertie, Spruill of 
Tyrrell, Strong of Mecklenburg, Sutherland, Thornton, Wil- 
liams, Williamson, Woodfin and Wooten — 40. 

Noes — Messrs. Batchelor, Bryson, Calloway, Christian, Cun- 
ningham, Darden, Dillard, Douthitt, Foster of Ashe, Gilmer, 
Gorrell, Graham, Greenlee, Hearne, Jones of Caldwell', Joyce, 
Leak of Anson, Mann, Manning, McDowell of Burke, Michal, 
Miller, Mitchell, Phifer, Rayner, Rhodes, Royster, Sanders, 
Setzer, Smith of Macon, Speed, Starbuck, Thompson, Wash- 
ington and Wilson — 35. 

The Convention then adjourned until 9 o'clock to-morrow 
morniner. 



IN CONVENTION, Wednesday, May 7, 1862. 

The President called the Convention to order pursuant to 
adjournment. Prayer by Rev. Thomas E. Skinner, of the 
Baptist Church. 

Mr. Rayner offered a resolution in regard to the Board of 
Claims. On motion the rules were suspended and the resolu- 
tion was agreed to. 

Mr. Gilmer introduced an ordinance to provide bounty for 
Partisan Rangers, raised and accepted by the State, which 
passed its first reading. 

The President laid before the Convention a communication 
from the Board of Claims in relation to an error in the allow- 
ance of the claim of Alamance county. 



1862.] STATE CONVENTION. 69 

Mr. Ruffin offered a resolution authorizing the Publie Treas- 
urer to pay said claim, and, the rules being suspended, the 
resolution was adopted. 

The President announced the following committee on the 
resolution of Mr. Rayner, adopted this morning, viz : Messrs. 
Rayner, Woodfin and Gorrell. 

Mr. Moseley introduced an ordinance to exempt the property 
of delinquent soldiers from a double tax, which passed its first 
reading. On his motion the rules were suspended, the ordi- 
nance passed the second and third readings and ordered to be 
enrolled. 

Mr. Osborne introduced an ordinance to incorporate the 
Seponab Iron Manufacturing Company, which passed its first 
reading. 

He moved to suspend the rules, that the ordinance might be 
put on its passage to-day, on which the ayes and noes were 
ordered, on motion of Mr. Battle, of Wake, and resulted in 
the affirmative, as follows : 

Ayes — Messrs. Bagley, Battle of Nash, Battle of Wake, 
Bryson, Calloway, Christian, Dickson, Douthitt, Durham, Ed- 
wards, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
Gorrell, Graham, Greenlee, Hamlin, Hearne, Headen, Holden, 
Houston, Johnston, Jones of Caldwell, Jones of Rowan, Joyce, 
Leak of Anson, Leak of Richmond, Long, Manning, McDuffie, 
McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, 
Mitchell, Osborne, Phifer, Rhodes, Royster, Ruffin, Schenek, 
Setzer, Smith of Johnston, Spruill of Bertie, Spruill of Tyr- 
rell, Starbuck, Strong of Mecklenburg, Thompson, Thornton, 
Wilson and Wooten — 51. 

Noes — Messrs. Allison, Barnes, Batchelor, Berry, Bogle, 
Cannon, Darden, Dillard, Mann, McDowell of Burke, Moseley, 
Myers, Penland, Sanders, Sutherland and Woodfin — 16. 

The ordinance then passed the second and' third readings, 
and was ordered to be enrolled. 

Mr. Barnes, from the committee to whom was referred the 
ordinance to amend the ordinance to give to certain officers and 
soldiers the right to vote, reported a substitute therefor, and 



70 JOURNAL OF THE [4th Session, 

recommended its passage. He moved to suspend the rules, so 
that the ordinance might be considered now, which was agreed to. 

The substitute recommended by the committee was then 
adopted, and the ordinance, as thus amended, passed the second 
reading. 

It was then read the third time, passed, and ordered to be 
enrolled. 

The committee on Enrollments reported, as correctly enrolled, 

The ordinance in regard to the Board of Claims ; 

The ordinance in favor of Rev. F. V. Hoskins ; 

The resolution to pay the claim due Alamance county ; and, 

The ordinance to amend the ordinance giving to certain offi- 
cers and soldiers the right to vote ; * 

And the same were severally ratified in due form. 

The special order, being the ordinance in relation to the leg- 
islative department of the Constitution, was now taken up. 

Mr. Setzer moved to postpone the consideration of the ordi- 
nance, on which the ayes and noes were ordered, on motion of 
Mr. Battle, of Wake, and resulted in the affirmative, as follows : 

Ayes — Messrs. Bagley, Barnes, Batchelor, Battle of Edge- 
combe, Battle of Nash, Brown, Bunting, Caldwell, Cunningham, 
Darden, Dickson, Dillard, Durham, Edwards, Foster of Ashe, 
Greenlee, Holmes, Houston, Howard, Johnston, Jones of Rowan, 
Leak of Anson, Leak of Richmond, McDowell of Burke, Mc- 
Dowell of Madison, McDuffie, McNeill of Cumberland, McNeill 
of Harnett, Miller, Moseley, Myers, Penland, Phifer, Rayner, 
Royster, Sanders, Schenck, Setzer, Strange, Strong of Meck- 
lenburg, Sutherland, Thompson, Thornton, Washington, Wil- 
liamson, Woodfin and Wooten — 47. 

Noes — Messrs. Allison, Badger, Bogle, Bryson, Calloway, 
Cannon, Donnell, Douthitt, Foster of Randolph, Gilmer, Gor- 
rell, Graham, Hamlin, Holden, Jones of Caldwell, Joyce, Kit- 
trell, Lindsay, Long, Mann, Manning, Merritt, Michal, Mitchell, 
Pettigrew, Rhodes, Ruffin, Smith of Johnston, Smith of Macon, 
Speed, Spruill of Bertie, Starbuck and Wilson — 34. 

The ordinance to provide a supply of salt was now taken up. 
After some discussion of the subject, Mr. Gorrell moved to 



1862.] STATE CONVENTION. 71 

recommit it to the committee, on which the ayes and noes were 
ordered, on motion of Mr. Rayner, and resulted in the nega- 
tive, as follows : 

Ayes — Messrs. Allison, Badger, Battle of Edgecombe, Berry, 
Brown, Calloway, Christian, Donnell, Douthitt, Eller, Gorrell, 
Graham, Hamlin, Hearne, Headen, Holden, Holmes, Houston, 
Jones of Caldwell, Joyce, Mann, McNeill of Harnett, Meares, 
Mitchell, Osborne, Pettigrew, Phifer, Rhodes, Ruffin, Sanders, 
Smith of Macon, Spruill of Bertie, Starbuck, Strange, Wash- 
ington and Wilson — 36. 

Nobs — Messrs. Bagley, Barnes, Batchelor, Battle of Wake, 
Bogle, Bunting, Caldwell. Cunningham, Darden, Dickson, Dil- 
lard, Durham, Edwards, Foster of Ashe, Foster of Randolph, 
Gilmer, Greenlee, Howard, Johnston, Jones of Rowan, Leak 
of Anson, Leak of Richmond, Long, Manning, McDowell of 
Burke, McDowell of Madison, McDuffie, McNeill of Cumber- 
land, Merritt, Miller, Moseley, Myers, Penland, Rayner, Roys- 
ter, Schenck, Setzer, Smith of Johnston, Strong of Mecklen- 
burg, Sutherland, Thompson, Thornton, Williams, Woodfin and 
Wooten — 45. 

Messrs. Leak of Richmond, Long and Manning, offered 
amendments, pending the consideration of which, the ordinance 
was recommitted, on motion, to the committee, with instruction 
to report this afternoon at 4 o'clock. 

The ordinance in relation to the Legislative Department was 
then resumed. 

Mr. Woodfin moved to amend the 2nd section of the 3rd arti- 
cle so as to make federal population the basis of the Senate, 
instead of taxation. On this question the ayes and noes were 
ordered, on motion of Mr. Badger, and resulted in negative, as 
follows : 

Ayes — Messrs. Bryson, Durham, Foster of Ashe, Jones of 
Rowan, Leak of Richmond, McDowell of Burke, McDowell of 
Madison, Michal, Miller, Mitchell, Penland, Schenck, Setzer, 
Shipp, Smith of Macon, Strong of Mecklenburg, and Wood- 
fin— 19. 

60 



72 JOURNAL OF THE [4th Session, 

Noes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
Battle of Edgecombe, Battle of Nash, Battle of Wake, Berry, 
Bogle, Brown, Bunting, Calloway, Cannon, Cunningham, Dar- 
den, Dickson, Dillard, Donnell, Douthitt, Edwards, Eller, Fos- 
ter of Randolph, Gilmer, Gorrell, Graham, Greenlee, Hamlin, 
Hearne, Headen, Holmes, Houston, Howard, , Jones of Cald- 
well, Joyce, Ilittrell, Leak of Anson, Long, Mann, Manning, 
McNeill of Cumberland, Meares, Moselcy, Myers, Osborne, 
Pettigrew, Rayner, Rhodes, Ruffin, Sanders, Speed, Spruill of 
Bertie, Spruill of Tyrrell, Starbu6k, Strange, Sutherland, 
Thompson, Thornton, Washington, Williamson, Wilson and 
Wooten— 62. 

The hour having arrived, the Convention took a recess till 4 
o'clock. 



4 O'clock, P. M. 

On motion of Howard, the committee on the report of the 
Board of Claims, was discharged from further consideration of 
the subject. 

The ordinance in relation to the Cheraw and Coalfields Rail- 
road, was taken up and read the second time. 

Mr. Batchelor moved to lay it on the table, on which the 
ayes and noes were ordered, on motion of Mr. Cunningham, 
and resulted in the negative, as follows : 

Ayes — Messrs. Bagley, Batchelor, Bunting, Cunningham, 
Darden, Dickson, Dillard, Greenlee, Holmes, Howard, John- 
ston, Penland, Rhodes, Royster, Schenek, Strong of Mecklen- 
burg, Thompson, Thornton, Williams and Williamson — 20. 

Noes — Messrs. Badger, Barnes, Battle of Nash, Battle of 
Wake, Berry, Bogle, Bryson, Caldwell, Calloway, Cannon, 
Christian, Douthitt, Durham, Eller, Foster of Ashe, Foster of 
Randolph, Gilmer, Gorrell, Headen, Holden, Houston, Jones 
of Rowan, Joyce, Kittrell, Leak of Anson, Leak of Richmond, 
Long, Manning, McDowell of Burke, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Merritt, Miller, Pettigrew, 



1862.1 STATE CONVENTION. 73 

Ruffin, Sanders, Shipp, Smith of Macon, Speed, Spruill of 
Tyrrell, Starbuck, Sutherland, Wilson and Wooten — 45. 

Mr. Christian now offered an amendment, providing that the 
company shall expend as much money in construction on the 
northern as on the southern side of the Wilmington, Charlotte 
and Rutherford Railroad, and do the same, pari passi ; that 
they shall not cross said road more than twelve miles west of 
Rockingham, and, under penalty of a forfeiture of their char- 
ter, shall complete the same to the Coalfields, in Chatham 
county, within five years after the termination of the present 
war ; and the amendments were agreed to. 

The ordinance then passed the second reading. 
Mr. Badger moved to suspend the rules and put the ordi- 
nance, now, on its third reading, on which the ayes and noes 
were ordered, on motion of Mr. Holmes, and resulted as follows: 
Ayes— Messrs. Allison, Badger, Barnes, Battle of Nash, 
Battle of Wake, Berry, Bogle, Caldwell, Calloway, Cannon, 
Christian, Dick, Douthitt, Durham, Eller, Foster of Ashe, Fos- 
ter of Randolph, Gilmer, Gorrell, Graham, Headen, Holden 
Houston, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell 
Leak of Anson, Long, Mann, Manning, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Merritt, Michal, Miller, 
Myers, Phifer, Sanders, Schenck, Shipp, Smith of Macon, 
Speed, Spruill of Tyrrell, Starbuck, Sutherland, Washington, 
Williams, Wilson and Woodfin — 51. 

Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
Bunting, Cunningham, Darden, Dickson, Dillard, Green, Green- 
lee, Holmes, Howard, Johnston, Leak of Richmond, McDowell 
of Burke, McDowell of Madison, Meares, Moseley, Osborne, 
Penland, Pettigrew, Rayner, Rhodes, Royster, Ruffin, Strange, 
Thompson, Thornton, Williamson and Wooten — 30. 

Two-thirds not voting in the affirmative, the rules were not 
suspended. 

Mr. Manning, from the committee on the supply of salt 
reported a substitute for the ordinance recommitted to the 
committee, which was adopted, and as thus amended, the ordi- 
nance passed the third reading, and was ordered to be enrolled. 



74 JOURNAL OF THE [4th Session, 

Mr. Woodfin offered a resolution in relation to adjournment, 
but objection to its reception was made, and the objection was 
sustained by the decision of the chair. 

An appeal from the decision of the chair was made, and the 
question being put, "Shall the decision of the chair stand as 
the judgment of the House ?" it was decided in the affirmative, 
as follows : 

Ayes — Messrs. Allison, Bagley, Barnes, Batchelor, Battle of 
Edgecombe, Battle of Wake, Berry, Bogle, Bryson, Bunting, Cal- 
loway, Christian, Dick, Dickson, Douthitt, Durham, Eller, Foster 
of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Headen, 
Holden, Houston, Jones of Caldwell, Jones of Rowan, Joyce, 
Kittrell, Leak of Anson, Leak of Richmond, Long, Mann, 
Manning, McDuffie, McNeill of Cumberland, McNeill of Har- 
nett, Meares, Merritt, Miller, Mitchell, Myers, Osborne, Petti- 
grew, Phifer, Rhodes, Royster, Ruffin, Shipp, Smith of Macon, 
Speed, Spruill of Tyrrell, Starbuck, Strange and Wilson — 55. 

Noes — Messrs. Cunningham, Darden, Dillard, Greenlee, 
Johnston, McDowell of Burke, McDowell of Madison, Michal, 
Schenck, Setzer, Sutherland, Thompson, Thornton, Williams, 
Woodfin and Wooten — 16. 

And then the Convention took a recess until 7i o'clock. 



7| O'clock, P. M. 

The Convention reassembled, Mr. Rayner in the chair. 

The ordinance to provide for the collection of taxes was 
taken up on the third reading, passed, and ordered to be 
enrolled. 

An ordinance to enforce certain penalties on the banks of 
this State in case they refuse to receive the Treasury notes of 
the State, was, on motion, ordered to lie on the table. 

The ordinance to effect a communication, by railroad, between 
Fayetteville and Florence, S. C, was taken up and passed the 
second reading. 



1862.] STATE CONVENTION. 75 

Mr. Howard introduced an ordinance to authorize the Public 
Treasurer to pay certain claims allowed by the Board of Claims, 
which passed the first reading. 

On his motion the rules were suspended, the ordinance passed 
the second and third readings, and was ordered to be enrolled. 

The resolution in relation to a magnetic telegraph between 
certain places was, on motion of Mr. McDufiie, ordered to lie 
on the table. 

The ordinance in relation to the raising of troops for local 
defense, was, on motion, ordered to lie on the table. 

The ordinance to authorize the Miners' and Planters' Bank 
to establish a branch or agency east of the Blue Ridge was 
read the second time. 

Mr. Battle, of Wake, offered to amend as follows : That 
hereafter all the subscription to the capital stock of said bank 
shall be paid in full, within twelve months from the date thereof 
and it was agreed to. 

Mr. Kittrell moved to amend as follows : Provided that the 
entire circulation of said bank shall be redeemable at said 
branch, which was not agreed to. 

The ordinance then passed its second reading. 

On motion of Mr. Setzer, the rules were suspended, and it 
was read the third time, passed, and ordered to be enrolled. 

Mr. Jones, of Rowan, moved to reconsider the vote by which 
the ordinance passed the third reading, and it was not agreed to. 

On motion of Mr. Setzer the Convention adjourned. 



IN CONVENTION, Thursday, May 8, 1862. 

The President called the Convention to order pursuant to ad- 
journment. 

The journal of yesterday was read and approved. 

Mr. Graham offered a resolution instructing the committee 
on Military Affairs to inquire into the propriety of appropria- 
ting a sum sufficient to equip a company with Capt. Edwards' 
Rifle Battery, and to pay him for the limited use of his invention. 



76 JOURNAL OF THE [4th Session, 

Mr. Howcard introduced an ordinance explanatory of an 
ordinance to amend an ordinance to raise North Carolina's 
quota of Confederate troops, which passed its first reading. 
On his motion, the rules were suspended, and the ordinance 
read the second time. 

After considerable discussion of the subject, Mr. Howard 
offered a substitute for the same, pending the consideration of 
which, 

Mr. Barnes moved to refer the whole matter to a select com- 
mittee, on which the ayes and noes were ordered, on motion of 
Mr. Badger, and resulted in affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
Berry, Bogle, Bryson, Cannon, Dick, Durham, Eller, Foster of 
Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Hamlin, 
Headen, Holden, Houston, Jones of Caldwell, Jones of Rowan, 
Kittrell, Leak of Anson, Long, Mann, Manning, Merritt, Mil- 
ler, Mitchell, Myers, Osborne, Phifer, Ruffin, Sanders, Shipp, 
Smith of Halifax, Smith of Johnston, Smith of Macon, Speed, 
Spruill of Bertie, Spruill of Tyrrell, Starbuck, Thomas of Car- 
teret, Washington and Wilson — 4G. 

Noes — Messrs. Bagley, Batchelor, Brown, Bunting, Callo- 
way, Cunningham, Darden, Dickson, Dillard, Edwards, Green, 
Greenlee, Holmes, Howard, Joyce, McDowell of Burke, Mc- 
Duffie, McNeill of Cumberland, McNeill of Harnett, Michal, 
Moseley, Penland, Pettigrew, Rayner, Rhodes, Royster, 
Schenck, Setzer, Strange, Sutherland, Thompson, Thornton, 
Williams, Williamson, Woodfin and Wooten — 36. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, the ordinance to authorize the 
Public Treasurer to pay certain claims allowed by the Board of 
Claims, and the same was ratified in due form. 

Mr. Mitchell introduced an ordinance in relation to the 
bounty to solders, which passed the first reading, and was 
referred to the select committee raised on the motion of Mr. 
Barnes. 

Mr. Shipp offered a resolution in relation to the claim of 
Haywood county, which was agreed to, under a suspension of 
the rules. 



1862.] STATE CONVENTION. 77 

The President announced the following committee on the 
ordinances introduced by Mr. Howard and by Mr. Mitchell : 
Messrs. Barnes, Howard, Pettigrew, Brown and Strange. 

Mr. Smith, of Macon, from the select committee on repairs 
to the Western Turnpike, reported the ordinance back with an 
amendment, and recommended its passage. 

Mr. Battle, of Wake, offered a resolution calling on the 
Governor for official reports of the late battle at Newbern, 
which was agreed to under a suspension of the rules. 

Mr. Woodfm asked leave to introduce a resolution relating 
to adjournment, and objection being made that the hour for the 
introduction of resolutions was passed, the question was put, 
"Shall he have leave ?" on which the ayes and noes were or- 
dered, on motion of Mr. Howard, and resulted in the negative, 
as follows : 

Ayes — Messrs. Batchelor, Battle of Nash, Berry, Brown, 
Bunting, Darden, Dickson, Dillard, Durham, Green, Holmes, 
Houston, Howard. Jones of Rowan, Leak of Anson, McDowell 
of Burke, Michal, Miller, Mitchell, Moseley, Rayner, Royster, 
Sanders, Schenck, Setter, Shipp, Strange, Sutherland, Thomp- 
son, Thornton, Williams, Williamson and Woodfm — 33. 

Noes — Messrs. Allison, Badger, Barnes, Battle of Edge- 
combe, Battle of Wake, Bogle, Bryson, Calloway, Cannon, 
Dick, Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gra- 
ham, Headen, Holden, Jones of Caldwell, Joyce, Kittrell, 
Lindsay, Long. Mann, Manning, Meares, Merritt, Myers, Os- 
borne, Rhodes, Smith of Halifax, Smith of Macon, Speed, 
Spruill of Bertie, Spruiil of Tyrrell, Starbuck, Thomas of C?r- 
teret, Washington and Wilson— 38. 

By consent, Mr. Schenck introduced the following resolution: 
Resolved, That when the Convention shall be dissolved, that 
the Principal Secretary shall have printed five hundred copies 
of its journal ; two copies to be furnished to every former 
and present delegate to the Convention ; two to each of the 
Secretaries of the Convention ; two to the library of the Uni- 
versity ; one to each County and Superior Court clerk's office 
in the State, and one-half of the residue to be deposited in the 



78 JOURNAL OF THE [4th Session, 

office of the Secretary of State, and the other half to the 
public Library of the State, and that the Secretary be allowed 
the sum of one hundred dollars for transcribing the journals. 

On motion, the rules were suspended and the resolution 
was agreed to. 

Mr. Osborne, from the select committee on the memorial from 
citizens of Mecklenburg county asking State aid for a Rifle 
Factory, reported a resolution granting the aid asked, which 
passed its first reading. 

He moved to suspend the rules so as to give the resolution 
its several readings to-day, on which the ayes and noes were 
ordered, on motion of Mr. Merritt, and resulted in the negative, 
(two-thirds not voting therefor) as follows : 

Ayes — Messrs. Badger, Bagley, Batchelor, Battle of Edge- 
combe, Battle of Nash, Battle of Wake, Brown, Bryson, Bunt- 
ing, Cunningham, Darden, Dickson, Dillard, Durham, Graham, 
Holmes, Houston, Lindsay, McDowell of Burke, McDufne, 
McNeill of Cumberland, Miller, Moscley, Osborne, Pettigrew, 
Rhodes, Royster, Ruffin, Schenck, Shipp, Spruill of Bertie, 
Starbuck, Strange, Sutherland, Thompson, Williams, William- 
son, Wilson, Woodfin and Wooten — 40. 

Noes — Messrs. Allison, Barnes, Berry, Bogle, Calloway, 
Cannon, Christian, Dick, Eller, Foster of Ashe, Foster of Ran- 
dolph, Gilmer, Gorrell, Holden, Jones of Caldwell, Jones of 
Rowan, Joyce, Long, Mann, Manning, Meares, Merritt, Mitchell, 
Myers, Penland, Rayner, Sanders, Setzer, Smith of Halifax, 
Smith of Johnston, Speed, Spruill of Tyrrell, Thomas of Car- 
teret, Thornton and Washington — 35. 

The ordinance relating to the Legislative Department, being 
the special order, was now taken up, pending the consideration 
of which, the hour arrived and the Convention took a recess 
until 4 o'clock. 



4 O'clock, P. M. 
The Convention proceeded to the consideration of the busi- 
ness on the calendar. 



1862.] STATE CONVENTION. 79 

The resolution to exempt Justices of the Peace from militia 
drill, was, on motion of Mr. Woodfin, laid on the table. 

The ordinance to restore the courts was now taken up. 

Mr. Ruffin moved to amend by striking out the second section. 

Mr. Thompson moved to lay the subject on the table, on 
which the ayes and noes were ordered, on motion of Mr. Man- 
ning, and resulted in the affirmative, as follows : 

Ayes — Messrs. Batchelor^ Battle of Edgecombe, Battle of 
Nash, Bunting, Christian, Cunningham, Darden, Dickson, Dil- 
lard, Durham, Edwards, Eller, Gorrell, Headen, Holmes, Jones 
of Rowan, Leak of Anson, Mann, McDowell of Burke, McDuffie, 
McNeill of Cumberland, Miller, Moseley, Pettigrew, Phifer, 
Rhodes, Royster, Smith of Johnston, Spruill of Tyrrell, Strange, 
Sutherland, Thompson, Thornton, Washington, Williams, Wil- 
liamson, Woodfin and Wooten — 29. 

Noes — Messrs, Allison, Badger, Barnes, Battle of Wake, 
Berry, Bryson, Calloway, Foster of Ashe, Foster of Randolph, 
Gilmer, Graham, Green, Jones of Caldwell, Joyce, Kittrell, 
Long, Manning, Merritt, Michal, Mitchell, Osborne, Ruffin, 
Sanders, Schenck, Shipp, Smith of Halifax, Smith of Macon, 
Speed, Starbuck, Thomas of Carteret, and Wilson — 31. 

The resolution in regard to the valuation of slaves was taken 
up, and, on motion of Mr. Batchelor, ordered to lie on the table. 

The resolution to increase the salaries of the Treasurer, 
Secretary of State and Comptroller,- was taken up and read the 
second time and passed. 

On motion the rules were suspended, the resolution read the 
third time, passed, and ordered to be enrolled. 

On the third reading the ayes and noes Avere ordered, on 
motion of Mr. Smith, of Macon, as follows : 

Ayes — Messrs. Badger, Barnes, Batchelor, Battle of Edge- 
combe, Battle of Nash, Battle of Wake, Bryson, Bunting, 
Caldwell, Calloway, Christian, Cunningham, Darden, Dickson, 
Dillard, Durham, Edwards, Eller, Foster of Randolph, Gilmer, 
Gorrell, Holden, Holmes, Howard, Jones of Rowan, Leak of 
Richmond, Long, Manning, McDowell of Burke, McDuffie, 
McNeill of Cumberland, Merritt, Miller, Moseley, Osborne, 

ei 



80 JOURNAL OF THE [4th Session, 

Phifer, Rhodes, Royster, Ruffin, Schenck, Smith of Halifax, 
Speed, Strange, Sutherland, Thomas of Carteret, Thompson, 
Thornton, Washington, Williamson, Woodfin and Wooten — 51 . 

Noes — Messrs. Allison, Berry, Bogle, Cannon, Foster of 
Ashe, Graham, Headen, Jones of Caldwell, Joyce, Mann, 
Mitchell, Myers, Pettigrew, Sanders, Setzer, Shipp, Smith of 
Johnston, Smith of Macon, Starbuck, Williams and Wilson — 21 . 

The ordinance to provide for the election of Governor and 
members of the General Assembly, was, on motion of Mr. 
Graham, ordered to lie on the table. 

The resolution in favor of the Western North Carolina Rail- 
road was read the second time. 

On motion of Mr. Badger, it was amended as follows: "As 
the said issues may become due according to the directions of 
said act." 

The question recurring on the passage of the resolution, the 
ayes and noes were ordered, on motion of Mr. Starbuck, and 
resulted in the negative, as follows : 

Ayes — Messrs. Badger, Brown, Bryson, Caldwell, Christian, 
Edwards, Foster of Randolph, Gilmer, Headen, Holden, Joyce, 
Manning, McDowell of Burke, McDuffie, Meares, Michal, Mil- 
ler, Osborne, Ruffin, Setzer, Shipp, Smith of Macon, Suther- 
land and Woodfin — 24. 

Noes — Messrs. Allison, Bagley, Barnes, Batchelor, Battle 
of Edgecombe, B?ttle of Nash, Battle of Wake, Berry, Bogle, 
Bunting, Calloway, Cannon, Cunningham, Darden, Dickson. 
Dillard, Durham, Eller, Foster of Ashe, Gorrell, Graham, 
Green, Hamlin, Holmes, Jones of Caldwell, Jones of Rowan, 
Leak of Anson, Long, Mann, McNeill of Harnett, Mitchell, 
Myers, Pettigrew, Phifer, Rhodes, Royster, Sanders, Smith of 
Halifax, Smith of Johnston, Speed, Spruill of Tyrrell, Star- 
buck, Thomas of Carteret, Thompson, Thornton, Washington, 
Williams, Williamson, Wilson and Wooten — 50. 

On motion of Mr. Badger, the Convention took up the ordi- 
nance to enlarge the powers of the Commissioners of the city 
of Raleigh. 



1862.] STATE CONVENTION. 81 

The ordinance passed the second reading, and, on motion, 
the rules were suspended, and it was read the third time. 

Mr. Graham moved to amend by adding to the second section 
the proviso, "that any party dissatisfied with such judgment 
shall be allowed an appeal to the next Superior Court of the 
county," on Avhich the ayes and noes were ordered, and resulted 
in the affirmative, as follows : 

Ayes — Messrs. Allison, Bagley, Barries, Batchelor, Battle of 
Wake, Berry, Bogle, Brown, Bryson, Caldwell, Cannon, Chris- 
tian, Cunningham, Dickson, Durham, Edwards, Eller, Foster 
of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Ham- 
lin, Headen, Holden, Jones of Caldwell, Jones of Rowan, 
Joyce, Leak of Anson, Long, Manning, McDuffie, McNeill of 
Harnett, Mitchell, Myers, Phifer, Ruffin, Sanders, Smith of 
Halifax, Smith of Johnston, Speed, Starbuck, Thomas of Car- 
teret, Washington, Williamson and Wilson — 46. 

Noes — Messrs. Badger, Battle of Edgecombe, Battle of Nash, 
Bunting, Calloway, Darden, Dillard, Green, Holmes, Houston, 
McDowell of Burke, Meares, Michal, Miller, Osborne, Petti- 
grew, Rhodes, Royster, Schenck, Setzer, Spruill of Tyrrell, 
Strange, Sutherland, Thompson, Thornton, Williams, Woodfin 
and Wooten — 28. 

Mr. Schenck moved to amend the second section by adding 
the words, "and shall give ample surety for the penalty and 
costs," which was agreed to. 

On motion of Mr. Battle, of Wake, the ordinance was so 
amended as to extend its provisions to the several cities and 
towns of the State. 

Mr. McDuffie moved to amend so that the ordinance shall 
only apply to retailers, and it was not agreed to. 

Mr. Manning moved to amend by striking out ''Superior" 
and inserting "County," before the word "Court," and it was 
agreed to. 

Mr. Sanders moved to insert "and Courts of Pleas and 
Quarter Sessions," after the word "Commissioners," and it was 
not agreed to. 



82 JOURNAL OF THE [4th Session, 

The ordinance then passed the third reading, and its title 
amended to correspond with its provisions, and it was ordered 
to be enrolled. 

Mr. Gilmer moved to suspend the rules and take up the ordi- 
nance to complete the improvements of the Cape Fear and Deep 
River. 

Mr. Shipp moved an adjournment, on which the ayes and 
noes were ordered, on motion of Mr. Gilmer, and resulted in 
the negative, as follows : 

Ayes — Messrs. Badger', Bagley, Batchelor, Battle of Edge- 
combe, Berry, Bogle, Bunting, Cannon, Durham, Green, How- 
ard, Mann, Meares, Michal, Moseley, Osborne, Rhodes, Roys- 
ter, Schenck, Setzer, Shipp, Smith of Halifax, Smith of John- 
ston, Spruill of Tyrrell, Strange, Sutherland, Thompson, 
Thornton, Williams, Woodfin and Wooten — 32. 

Noes — Messrs. Allison, Barnes, Battle of Nash, Battle of 
Wake, Bryson, Caldwell, Calloway, Christian, Cunningham, 
Darden, Dick, Dillard, Eller, Foster of Ashe, Gilmer, Gorrell, 
Graham, Hamlin, Headen, Holden, Holmes, Jones of Caldwell, 
Jones of Rowan, Joyce, Leak of Anson, Long, Manning, Mc- 
Dowell of Madison, McDuffie, McNeill of Cumberland, McNeill 
of Harnett, Miller, Mitchell, Penland, Pettigrew, Phifer, San- 
ders, Smith of Macon, Speed, Thomas of Carteret, and Wash- 
ington — 42. 

Mr. Gorrell moved to adjourn until until 7| o'clock, which 
was not agreed to. 

Mr. Speed moved an adjournment, on which the ayes and noes 
were ordered, on motion of Mr. Christian, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Bagley, Barnes, Batchelor, Battle of Edge- 
combe, Battle of Nash, Berry, Bogle, Bunting, Cannon, Dillard, 
Durham, Foster of Randolph, Graham, Green, Holmes, Hous- 
ton, Howard, Jones of Caldwell, Long, Manning, McDowell of 
Madison, Michal, Moseley, Phifer, Rhodes, Royster, Ruffin, 
Schenck, Setzer, Shipp, Smith of Halifax, Speed, Spruill of 
Bertie, Strange, Sutherland, Thompson, Thornton, Williams, 
Woodfin and Wooten — 40. 



1862.] STATE CONVENTION. 83 

Noes — Messrs. Allison, Badger, Battle of Wake, Bryson, 
Calloway, Christian, Cunningham, Darden, Dick, Dickson, 
Eller, Foster of Ashe, Gilmer, Gorrell, Hamlin, Headen, Hol- 
den, Joyce, Leak of Ashe, McDuffie, McNeill of Cumberland, 
McNeill of Harnett, Miller, Mitchell, Penland, Pettigrew, San- 
ders, Smith of Johnston, Smith of Macon, Starbuck, Thomas 
of Carteret, Washington and Wilson — 33. 

So the Convention adjourned until 9 o'clock to-morrow 
morning. 



IN CONVENTION, Friday, May 9, 1862. 

The President took the chair and called the Convention to 
order. Prayer by Rev. J. M. Atkinson, of the Presbyterian 
Church. 

The journal of yesterday was read and approved. 

On motion of Mr. Speed, leave of absence from and after 
to-day, was granted to Mr. Calloway. 

Mr. Caldwell presented a petition from sundry citizens of 
Rowan county on the subjects of speculation and extortion 
which, on motion of Mr. Rayner, was ordered to lie on the table. 

Mr. Battle, of Wake, from the committee on Enrollments 
reported as correctly enrolled, 

The ordinance to enlarge the powers of the corporate cities 
and towns of the State ; 

The ordinance to increase the salaries of certain State officers ■ 

An ordinance for the collection of taxes, and for other pur- 
poses ; 

The ordinance to allow the Miners' and Planters' Bank to 
establish a branch or agency east of the Blue Ridge ; 

The ordinance to incorporate the Seponab Iron company ; and 

The resolution for printing the journals of the Convention ; 

And the same were severally ratified in due form. 

Mr. Bagley, from the committee to inquire concerning the 
burning of the Jennie Hunter, reported an ordinance to pay 
the owners of the cargo destroyed, which lies over one day. 



84 JOURNAL OF THE [4th Session, 

Mr. Michal offered a resolution declaring that the State 
ought to pay all claims of counties for money expended for 
volunteers, which -lies over one day under the rules. 

Mr. Howard moved to suspend the rules so that the resolu- 
tion may be now considered, and it was not agreed to. 

Mr. Calloway introduced an ordinance to continue in service 
men under eighteen years of age, which passed the first reading, 
and was referred to the select committee raised on the same 
subject yesterday. 

Mr. Lindsay introduced an ordinance to pay the officers and 
privates of the Currituck Guards, which passed its first read- 
ing, and was, on motion, referred to a select committee, on 
which the President appointed Messrs. Lindsay, Batchelor, 
Jones of Caldwell, Spruill of Tyrrell, and Bagley. 

Mr. Starbuck introduced an ordinance to modify the provis- 
ions of sec. 18, chap. Ill, of the Revised Code, so as to author- 
ize the incorporated cities and towns of the State to tax pro- 
perty in slaves, which passed its first reading. 

Mr. Rayner presented a communication from the Board of 
Claims in reply to a resolution of the Convention, which, on 
motion, was ordered to lie on the table. 

On motion of Mr. Ruffin, leave of absence from and after 
to-day was granted to Mr. Williamson. 

Mr. McDowell, of Madison, offered a resolution in relation 
to the claim of Madison county, which lies over one day. 

Mr. Shipp introduced an ordinance in relation to the Green- 
ville and French Broad Railroad, which passed its first reading. 

The ordinance in relation to the Legislative Department of 
the Constitution, being the special order of the day, was now 
taken up. 

Mr. Brown moved to lay the ordinance on the table, on which 
the ayes and noes were ordered, on motion of Mr. Gorrell, and 
resulted in the negative, as follows : 

Ayes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
Battle of Nash, Brown, Bunting, Caldwell, Cunningham, Dar- 
den, Dickson, Dillard, Durham, Edwards, Holmes, Houston, 
Howard, Jones of Rowan, Leak of Anson, McDowell of Burke, 



1862.] STATE CONVENTION. 85 

McDowell of Madison, Michal, Moseley, Penland, Rayner, Roys- 
ter, Schenck, Setzer, Smith of Halifax, Strange, Sutherland, 
Thompson, Thornton, Washington, Williams, Williamson, Wood- 
fin and Wooten — 39. 

Noes — Messrs. Allison, Battle of Wake, Berry, Bogle, Bry- 
son, Calloway, Cannon, Christian, Dick, Eller, Foster of Ashe, 
Foster of Randolph, Gorrell, Graham, Hamlin, Headen, IIol- 
den, Jones of Caldwell, Joyce, Lindsay, Long, Mann, Manning, 
McNeill of Cumberland, McNeill of Harnett, Meares, Miller, 
Mitchell, Myers, Pettigrew, Phifer, Rhodes, Ruffin, Sanders, 
Shipp, Smith of Johnston, Smith of Macon, Speed, Starbuck, 
Thomas of Carteret, and Wilson — 41. 

Mr. Battle, of Wake, moved to amend by adding to clause 
3, of section 3, as follows: "Or two-thirds of the members of 
each House present." 

Mr. Michal moved to amend the amendment by striking out 
"two-thirds," and inserting "seven-eighths," which was not 
agreed to. 

The question recurred on the amendment proposed by Mr. 
Battle, of Wake, on which the ayes and noes were ordered, on 
his motion, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Battle of Edgecombe, Battle of 
Wake, Bogle, Brown, Bryson, Caldwell, Calloway, Dick, Dur- 
ham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gor- 
rell, Graham, Green, Hamlin, Headen, Holden, Houston, Jones 
of Rowan, Joyce, Lindsay, Long, Mann, McDowell of Burke, 
McDowell of Madison, McNeill of Cumberland, McNeill of 
Harnett, Meares, Miller, Mitchell, Myers, Osborne, Penland, 
Pettigrew, Phifer, Rhodes, Royster, Ruffin, Schenck, Shipp, 
Smith of Johnston, Smith of Macon, Spruill of Bertie, Spruill 
of Tyrrell, Starbuck, Strange, Sutherland, Thomas of Carteret, 
Williamson, Wilson and Woodfin — 54. 

Noes — Messrs. Bagley, Batchelor, Battle of Nash, Berry, 
Bunting, Cannon, Christian, Cunningham, Darden, Dickson, 
Holmes, Jones of Caldwell, Leak of Anson, Manning, McDuffie, 
Michal, Moseley, Rayner, Sanders, Setzer, Smith of Hali- 
fax, Speed, Thompson, Thornton, Washington, Williams and 
Wooten— 29. 



86 JOURNAL OF THE [4th Session, 

Mr. Thompson moved to insert after the word " dollars," 
the words "or revenue law imposing additional taxes," which 
was not agreed to. 

Mr. Calloway offered an additional section, as follows : The 
legislature shall not pass any act or resolution taxing the pro- 
perty or estate of any person or class of persons and exempt 
from taxation the same kind of property or estate in the hands 
of others, nor at a less rate of taxation, except the property or 
estate of literary, religious or charitable institutions, or public 
property. 

Pending the consideration of the amendment, 

Mr. Badger moved to postpone the consideration of the sub- 
ject until the next session of the Convention, on which question 
the ayes and noes were ordered, on motion of Mr. Speed, and 
resulted in the negative, as follows : 

Ayes— Messrs. Bagley, Barnes, Batchelor, Battle of Nash, 
Brown, Bunting, Caldwell, Cannon, Cunningham, Darden, 
Dickson, Durham, Edwards, Holmes, Howard, Jones of Rowan, 
Leak of Anson, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeill of Cumberland, Michal, Moseley, Pettigrew, 
Rayner, Royster, Smith of Halifax, Strange, Sutherland, 
Thompson, Thornton, Williams and Wooten — 33. 

Noes — Messrs. Allison, Battle of Edgecombe, Battle of 
Wake, Berry, Bryson, Calloway, Christian, Dick, Eller, Foster 
of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Ham- 
lin, Holden, Jones of Caldwell, Joyce, Lindsay, Long, Manning, 
McNeill of Harnett, Meares, Miller, Mitchell, Osborne, Pen- 
land, Phifer, Rhodes, Ruffin, Sanders, Schenck, Setzer, Shipp, 
Smith of Johnston, Smith of Macon, Speed, Spruill of Bertie, 
Starbuck, Thomas of Carteret, Washington, Wilson and Wood- 
fin— 44. 

The question then recurred on the amendment of Mr. Callo- 
way, on which the ayes and noes were ordered, on his motion, 
and resulted in the negative, as follows : 

Ayes — Messrs. Bryson, Calloway, Eller, Foster of Ashe, 
Hamlin, Jones of Rowan, Penland, Pettigrew, Rayner, Setzer 
and Williams — 11. 



1862.] STATE CONVENTION. 87 

Noes — Messrs. Allison, Badger, Barnes, Batchelor, Battle 
of Edgecombe, Battle of Nash, Battle of Wake, Berry, Brown, 
Bunting, Caldwell, Cannon, Christian, Cunningham, Darden, 
Dickson, Durham, Gorrell, Graham, Green, Holden, Holmes, 
Houston, Jones of Caldwell, Joyce, Leak of Anson, Lindsay, 
Long, Mann, Manning, McDowell of Burke, McDowell of Madi- 
son, McDuffie, McNeill of Cumberland, McNeill of Harnett, 
Meares, Michal, Miller, Moseley, Osborne, Phifer, Rhodes, 
Royster, Ruffin, Sanders, Schenck, Shipp, Smith of Halifax, 
Smith of Johnston, Speed, Starbuck, Strange, Sutherland, 
Thomas of Carteret, Thompson, Thornton, Washington, Wil- 
liamson, Wilson, Woodfin and Wooten — 61. 

Mr. Badger moved to amend clause 4, by inserting after the 
word "America," where it last occurs, the words "or in any 
other war," on which question the ayes and noes wiere ordered, 
on motion of Mr. Michal, and resulted in the affirmative, as 
follows : 

Ayes — Messrs. Badger, Barnes, Battle of Edgecombe, Battle 
of Nash, Bunting, Caldwell, Cannon, Cunningham, Darden, 
Dickson, Durham, Edwards, Holmes, Howard, Jones of Rowan, 
McDowell of Burke, McDowell of Madison, McDuffie, McNeill 
of Cumberland, McNeill of Harnett, Michal, Miller, Moseley, 
Osborne, Pettigrew, Phifer, Rhodes, Royster, Ruffin, Setzer, 
Smith of Halifax, Smith of Macon, Strange, Sutherland, 
Thomas of Carteret, Thompson, Thornton, Washington, Wil- 
liams, Williamson, Woodfin and Wooten — 42. 

Noes — Messrs. Allison, Bagley, Batchelor, Battle of Wake, 
Berry, Bogle, Bryson, Christian, Dick, Eller, Foster of Ashe, 
Gilmer, Gorrell, Graham, Green, Hamlin, Headen, Holden, 
Houston, Jones of Caldwell, Joyce, Leak of Anson, Long, 
Mann, Manning, Mitchell, Penland, Rayner, Sanders, Smith 
of Johnston, Speed, Starbuck and Wilson — 33. 

Mr. Osborne moved to strike out the section, but before the 
question was put, 

Mr. Ruffin moved to amend the section by inserting after the 
word "money," in the 5th line, the words, " over and above 
the amount of stocks that are or may be held as a sinking fund." 
62 



88 JOURNAL OF THE [4th Session, 

Pending the consideration of this amendment the hour arrived, 
and the Convention took a recess until 4 o'clock. 



4 O'clock, P. M. 
The President laid before the Convention a communication 
from the Governor, transmitting the report of Gen. Branch, of 
the battle of Newborn. 

The report and communication were read, and, on motion, 
ordered to lie on the table. 

Mr. Lindsay, from the committee on the subject, reported 
back the ordinance to pay the officers and soldiers of the Cur- 
rituck Guards, and recommended its passage. The report lies 
over one day. 

Mr. Schenck offered a resolution to pay Robert Towles the 
sum of twenty dollars for services as Page during the pres- 
ent session, which, by general consent, passed the several read- 
ings, and was ordered to be enrolled. 

Mr. Houston, by consent, introduced an ordinance to legal- 
ize the laying of taxes in Union county, which, under a sus- 
pension of the rules, passed the several readings, and was 
ordered to be enrolled. 

Mr. Barnes, from the committee to whom the subject was 
referred, reported a substitute for the ordinance in relation to 
North Carolina's quota of Confederate troops, which was 
ordered to be printed. 

Mr. Christian moved to suspend the rules in order to take up 
the ordinance in relation to the Cheraw and Coalfields Railroad, 
on which the ayes and noes were ordered, on motion of Mr. 
Holmes, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Barnes, Batchelor, Battle 
of Wake, Bogle, Caldwell, Cannon, Christian, Dick, Foster of 
Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Green, 
Headen, Holden, Houston, Joyce, Leak of Anson, Lindsay, 
Long, Manning, McDuffie, McNeill of Cumberland, McNeill of 
Harnett, Miller, Mitchell, Myers, Pettigrew, Royster, Ruffin, 



1862.] STATE CONVENTION. 89 

Sanders, Shipp, Smith of Halifax, Smith of Macon, Speed, 
Spruill of Tyrrell, Starbuck, Sutherland, Thomas of Carteret, 
Thornton, Washington, Williamson, Wilson and Wooten — 49. 

Noes — Messrs. Bagley, Battle of Edgecombe, Berry, Bryson, 
Bunting, Cunningham, Dickson, Durham, Eller, Holmes, Jones 
of Caldwell, Jones of Rowan, Mann, McDowell of Burke, 
McDowell of Madison, Meares, Michal, Moseley, Penland, 
Rayner, Rhodes, Schenck and Thompson — 23. 

The ordinance was then read the third time. 

Mr. Schenck moved to amend by inserting after the word 
"cross," the words, "or connect with," which was agreed to. 

The question recurred on the final passage of the ordinance, 
as amended, on which the ayes and noes were ordered, on 
motion of Mr. Meares, and resulted in the affirmative, as fol- 
lows : 

Ayes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
Berry, Bogle, Bryson, Caldwell, Christian, Dick, Durham, 
Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
Graham, Green, Headen, Holden, Houston, Jones of Caldwell, 
Joyce, Kittrell, Leak of Anson, Long, Mann, Manning, Mc- 
Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Mitchell, Myers, Royster, 
Ruffin, Sanders, Shipp, Smith of Halifax, Smith of Macon, 
Speed, Spruill of Tyrrell, Starbuck, Thomas ' of Carteret, 
Washington, Wilson and Woodfin — 48. 

Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
Bunting, Cunningham, Dickson, Holmes, Jones of Rowan, 
Meares, Miller, Moseley, Pettigrew, Rhodes, Schenck, Suther- 
land, Thompson, Thornton, Williamson and Wooten — 19. 

Mr. Badger moved to suspend the rules so that the ordinance 
for the completion of the Western Railroad may be taken up, 
and it was agreed to. . , 

The ordinance was read the third time, and the question 
being on its final passage, the ayes and noes were ordered, on 
motion of Mr. Setzer, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
Battle of Wake, Bryson, Christian, Dick, Durham. Eller, Fos- 



90 JOURNAL OF THE [4th Session, 

ter of Ashe, Foster of Randolph, Graham, Green, Headen, 
Holden, Jones of Caldwell, Joyce, Kittrell, Leak of Anson, 
Long, Manning, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Mer- 
ritt, Miller, Myers, Osborne, Penland, Pettigrew, Ruffin, Shipp, 
Smith of Macon, Speed, Spruill of Tyrrell, Starbuck, Suther- 
land, Thomas of Carteret, Washington, Wilson, Woodfin and 
Wooten— 40. 

Noes — Messrs. Battle of Edgecombe, Berry, Bunting, Cun- 
ningham, Holmes, Houston, Jones of Rowan, Meares, Mebane, 
Michal, Mitchell, Moseley, Phifer, Rayner, Royster, Sanders, 
Setzer, Thompson and Thornton — 19. 

The ordinance to authorize the Jackson and Dalton Railroad 
Company to connect with the railroads in this State, was, on 
motion, postponed indefinitely. 

Mr. Gilmer moved to suspend the rules so as to take up the 
ordinance to complete the Cape Fear and Deep River Improve- 
ment, on which the ayes and noes were ordered, on motion of 
Mr. Berry, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Barnes, Batchelor, Bryson, 
Bunting, Christian, Dick, Eller, Foster of Randolph, Gilmer, 
Gorrell, Graham, Headen, Holden, Houston, Jones of Cald- 
well, Joyce, Kittrell, Leak of Anson, Lindsay, Long, Mann, 
Manning, McDuffie, McNeill of Cumberland, McNeill of Har- 
nett, Meares, Merritt, Mitchell, Moseley, Myers, Osborne, 
Pettigrew, Rhodes, Shipp, Smith of Macon, Speed, Spruill of 
Tyrrell, Starbuck, Sutherland, Thomas of Carteret, Thornton, 
Washington, Wilson, Woodfin and Wooten — 46. 

Noes — Messrs. Bagley, Battle of Wake, Berry, Cunningham, 
Dickson, Durham, Foster of Ashe, Jones of Rowan, McDowell 
of Burke, McDowell of Madison, Mebane, Michal, Rayner, 
Royster, Ruffin, Sanders, Schenck, Setzer, Smith of Halifax, 
and Thompson — 20. 

Mr. Badger moved an adjournment, on which the ayes and 
noes were ordered, on motion of Mr. Meares, and resulted in 
the affirmative, as follows : 



1862.] STATE CONVENTION. 91 

Ayes — Messrs. Badger, Batchelor, Battle of Edgecombe,, 
Berry, Bunting, Caldwell, Dickson, Durham, Eller, Graham, 
Green, Holmes, Houston, Jones of Caldwell, Jones of Rowan, 
Mann, McDowell of Burke, McDowell of Madison, Mebane, 
Michal, Mitchell, Moseley, Phifer, Rayner, Rhodes, Royster, 
Ruffin, Schenck, Setzer, Shipp, Smith of Halifax, Speed, Suth- 
erland, Thomas of Ccrteret, Thompson, Thornton, Woodfin and 
Wooten— 38. 

Noes — Messrs. Allison, Bagley, Battle of Wake, Bryson, 
Christian, Cunningham, Dick, Foster of Ashe, Foster of Ran- 
dolph, Gilmer, Gorrell, Headen, Joyce, Kittrell, Long, Man- 
ning, McDuffie, McNeill of Cumberland, McNeill of Harnett, 
Meares, Merritt, Miller, Penland, Pettigrew, Sanders, Smith 
of Macon, Starbuck, Washington and Wilson — 29. 

The Convention then adjourned to 9 o'clock to-morrow morn- 
ing. 



IN CONVENTION, Saturday, May 10, 1862. 

The Convention met, the President in the chair. 

The journal of yesterday was read and approved. 

The President laid before the Convention a communication 
from the Governor in response to a resolution on the subject of 
retaining Commissaries, Quartermasters, &c, after the transfer 
of troops to the Confederate government ; also, a message on 
the subject of speculation and extortion, which were severally 
read, and, on motion of Mr. Rayner, ordered to lie on the 
table, and the first mentioned ordered to be printed. 

Mr. Strange moved to suspend the rules so as to take up an 
ordinance heretofore reported by him in relation to the price of 
grain, &c, and it was not agreed to. 

Mr. Long, from the committee on that subject, reported an 
ordinance in relation to the salaries of clerks in the military 
department, which passed its first reading. 

Mr. Speed introduced an ordinance directing the Secretary 
of the Convention to advertise for proposals for the publication 
of the journal of the Convention, which passed its first reading. 



92 JOURNAL OF THE [4th Session, 

Mr. Green introduced an ordinance to allow persons driven 
from their homes by the enemy to vote for Governor of the 
State, which passed its first reading. 

Mr. Graham introduced an ordinance in relation to electors 
for the Senate, which passed its first reading. 

On motion, the rules were suspended and the ordinance read 
the second time and passed the second reading. 

It was then read the third time, when Mr. Sanders moved to 
amend by inserting after the word "months," the words "and 
of the district in which he proposes to vote for six months." 

Mr. Rayner moved to strike out "six" and insert "three," 
which was not agreed to. 

The question recurred on the amendment of Mr. Sanders, 
on which the ayes and noes were ordered, at his request, and 
resulted in the affirmative, as follows: 

Ayes — Messrs. Allison, Batchelor, Battle of Edgecombe, 
Bogle, Cannon, Christian, Dick, Dickson, Eller, Foster of 
Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Green, 
Hamlin, Headen, Houston, Jones of Caldwell, Jones of Rowan, 
Leak of Anson, Lindsay, Long, Mann, Manning, Meares, 
Michal. Miller, Penland, Pettigrew, Rhodes, Sanders, Setzer, 
Shipp, Smith of Halifax, Smith of Macon, Speed, Spruill of 
Bertie, Starbuck, Thomas of Carteret, Washington, Wilson and 
Woodfin— 43. 

Noes — Messrs. Bagley, Barnes, Battle of Wake, Berry, 
Bryson, Bunting, Caldwell, Durham, Edwards, Holmes, Joyce, 
McDowell of Burke, McDowell of Madison, McNeill of Har- 
nett, Mebane, Mitchell, Moseley, Osborne, Rayner, Royster, 
Ruffin, Strange, Thompson, Thornton and Wooten — 24. 

The ordinance then passed its third reading and was ordered 
to be enrolled. 

Mr. Graham also introduced an ordinance declaring what 
ordinances of this Convention shall have permanent operation, 
which passed the first reading. 

Also, an ordinance to provide for a call of a*. Convention 
to revise and amend the Constitution of the State, which passed 
its first reading. 



1862.] STATE CONVENTION. 93 

Also, a resolution in relation to the printing of the ordi- 
nances and resolutions of the Convention, which passed its 
first reading. 

Mr. Rayner introduced an ordinance for the relief of such 
persons as may suffer from the destruction of the records of 
Hertford county, occasioned by the burning of the Court House 
and Clerk's office by the enemy, which passed the several read- 
ings, under a suspension of the rules, and was ordered to be 
enrolled. 

Mr. Woodfin introduced an ordinance to extend the time for 
the collection of taxes and the settlement with the Public 
Treasurer, which passed its first reading. 

Mr. Battle, of Wake, offered the following : 

Resolved, That a committee of three be raised to consolidate 
the various provisions of the Constitution into one instrument, 
including the Constitution of 1776, the amendments of 1835, 
the free suffrage act of 1857, and the amendments adopted by 
this Convention, omitting all provisions which have been repeal- 
ed, and report the same to this Convention. 

He moved to suspend the rules so that the resolution may be 
now considered, on which the ayes and noes were ordered, on 
his motion, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Bagley, Barnes, Batchelor, Battle 
of Edgecombe, Battle of Wake, Berry, Bogle, Bunting, Can- 
non, Christian, Dick, Dickson, Durham, Eller, Foster of Ran- 
dolph, Gilmer, Gorrell, Graham, Green, Hamlin, Headen, Hol- 
den, Holmes, Houston, Jones of Caldwell, Jones of Rowan, 
Joyce, Kittrell, Leak of Anson, Lindsay, Long, Manning, Mc- 
Neill of Cumberland, McNeill of Harnett, Meares, Mebane, 
Michal, Miller, Mitchell, Osborne, Pettigrew, Rhodes, Royster, 
Sanders, Shipp, Speed, Spruill of Bertie, Starbuck, Strange, 
Sutherland, Thompson, Washington, Wilson and Wooten — 55. 

Noes — Messrs. Bryson, Caldwell, Edwards, McDowell of 
Burke, McDowell of Madison, McDuffie, Moseley, Penland, 
Smith of Macon, Thornton and Woodfin — 11. 

Mr. Speed moved to strike out all after the word "resolved,'' 
and insert the provision " that the resolution passed by the 



94 JOURNAL OF THE [4th Session, 

Convention to adjourn on Tuesday next be, and the same is 
hereby rescinded, and that the Convention will adjourn on Sat- 
urday the 17th instant, at 2 o'clock, P. M., subject to the call 
of the President, and other regulations heretofore passed for 
the re-assembling of the Convention. 

Mr. Manning moved that the subject lie on the table, on 
which the ayes and noes were ordered, on motion of Mr. Bad- 
ger, and resulted in the affirmative, as follows : 

Ayes — Messrs. Badger, Barnes, Batchelor, Battle of Edge- 
combe, Bunting, Caldwell, Cannon, Dickson, Durham, Edwards, 
Green, Holmes, Houston, Jones of Rowan, Leak of Anson, 
Mann, Manning, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Michal, 
Miller, Moseley, Penland, Pettigrew, Rayner, Royster, Setzer, 
Smith of Halifax, Strange, Sutherland, Thompson, Thornton, 
Woodfin and Wooten — 37. 

Noes — Messrs. Allison, Battle of Wake, Berry, Bogle, Bry- 
son, Christian, Dick, Eller, Foster of Randolph, Gilmer, Gor- 
rell, Graham, Hamlin, Headen, Jones of Caldwell, Joyce, Lind- 
say, Long, Meares, Mebane, Mitchell, Myers, Osborne, Rhodes, 
Ruffin, Sanders, Shipp, Smith of Macon, Speed, Spruill of 
Bertie, Starbuck, Thomas of Carteret. Washington and Wil- 
son — 35. 

The President laid before the Convention a communication 
from the Public Treasurer, which was read, and, on motion of 
Mr. Graham, was referred to the committee of Finance. 

On motion of Mr. Barnes, the rules were suspended, and 
the Convention proceeded to the consideration of the ordinance 
reported by him yesterday, relating to the bounty of volunteers. 

Mr. Rayner moved to amend by inserting after the word 
"age," in the 4th line, the words, "who have received their 
bounty of fifty dollars, and," which was not agreed to. 

Mr. Starbuck moved to amend by striking out all between 
the word "shall," in the 24th line, and the word "subject," 
in the 29th line, and insert " decline to receive their bounty, or 
who, having received it, shall return the same, shall be die- 
•harged ; and that all such volunteers as shall hereafter receive 



1862.] STATE CONVENTION, 95 

their bounty, and those having received it, who shall decline 
or fail to return the same, shall have their names enrolled by 
the proper State authorities, and be discharged. 
The amendment was not agreed to. 

Mr. Rayner moved to insert after the word " Congress," the 
words, " shall be discharged on returning the bounty which 
they have received," and it was not agreed to. 

Mr. Graham moved to amend by striking out the proviso at 
the end of the first section, on which the ayes and noes were 
ordered, on motion of Mr. Rayner, and resulted in the affirma- 
tive, as follows : 

Ayes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bryson, 
Bunting, Cannon, Christian, Dick, Durham, Edwards, Eller, 
Foster of Ashe, Gilmer, Gorrell, Graham, Hamlin, Headen, 
Holden, Holmes, Houston, Jones of Caldwell, Jones of Rowan, 
Joyce, Leak of Anson, Lindsay, Long, Mann, Manning, Mc- 
Dowell of Madison, McDuffie, McNeill of Cumberland, McNeill 
of Harnett, Mebane, Merritt, Miller, Mitchell, Moseley, Myers, 
Osborne, Pettigrew, Rhodes, Royster, Ruffin, Sanders, Shipp, 
Smith of Halifax, Smith of Macon, Speed, Spruill of Bertie, 
Strange, Sutherland, Thomas of Carteret, Thompson, Thornton, 
Washington, Wilson, Woodfin and Wooten — 6-1. 

Noes — Messrs. Green, Rayner and Starbuck — 3. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, 

An ordinance to repeal the 9th section of an act of the last 
General Assembly in relation to the Cheraw and Coalfields 
railroad ; 

The ordinance to enable the Western Railroad Company to 
complete their road ; 

The ordinance to legalize the laying of taxes in Union 
county ; 

An ordinance for the relief of those who suffered by the 
burning of the Court House in Hertford county ; 

An ordinance in relation to electors for the Senate ; 

Which were severally ratified in due form. 
G3 



96 JOURNAL OF THE [4th Session, 

The President laid before the Convention a report of the 
Board of Claims, which, on motion of Mr. Mebane, was referred 
to the committee on that subject. 

Mr. Thompson moved that the Convention do now adjourn to 
9 o'clock on Monday morning, on which the ayes and noes 
were ordered, on motion of Mr. Strange, and resulted in the 
negative as follows : 

Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
Wake, Berry, Bunting, Cannon, Eller, Graham, Green, Hamlin, 
Holden, Houston, Jones of Rowan, Mann, Moseley, Osborne, 
Rayner, Rhodes, Ruffin, Sanders, Setzer, Shipp, Thompson 
and Thornton— 24. 

Noes — Messrs. Allison, Bagley, Barnes, Batchelor, Bryson, 
Christian, Dick, Dickson, Durham, Foster of Ashe, Foster of 
Randolph, Gorrell, Headen, Holmes, Joyce, Leak of Anson, 
Lindsay, Long, Manning, McNeill of Cumberland, Mebane, 
Merritt, Michal, Miller, Mitchell, Pettigrew, Royster, Smith of 
Halifax, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
Strange, Thomas of Carteret, Washington, Wilson and Woo- 
ten— 34. 

The hour having arrived, the Convention took a recess until 
4 o'clock. 



4 O'clock, P. M. 

Mr. Setzer moved a call of the House, which being ordered, 
the roll was called and the following gentlemen answered to 
their names : 

Messrs. Allison, Bagley, Barnes, Batchelor, Battle of Edge- 
combe, Battle of Wake, Bryson, Bunting, Caldwell, Dickson, 
Durham, Edwards, Eller, Foster of Ashe, Foster of Randolph, 
Gilmer, Hamlin, Headen, Holden, Holmes, Joyce, Lindsay, 
Long, Mann, Manning, McDowell of Burke, McDowell of Madi- 
son, McDuffie, McNeill of Cumberland, Mebane, Miller, Mitchell, 
Moseley, Penland, Pettigrew, Rayner, Rhodes, Royster, Ruffin, 
Setzer, Smith of Halifax, Smith of Macon, Speed, Spruill of 



1862.] STATE CONVENTION. 97 

Bertie, Starbuck, Strange, Sutherland, Thomas of Carteret, 
Thompson, Thornton, Washington, Wilson, Woodfin and 
Wooten — 54. 

On motion, Messrs. Cunningham and Donnell were excused. 

Mr. Caldwell moved an adjournment, and it was not agreed to. 

On motion, Mr. Thomas, of Jackson, was excused. 

Mr. Battle, of Wake, moved an adjournment until Monday 
morning 9 o'clock, and the motion prevailed. 

The Convention then adjourned. 



IN CONVENTION, Monday, May 12, 1862. 

The President called the Convention to order. Prayer by 
Rev. Henry Hardie, of the Presbyterian Church. 

The journal of Saturday was read and approved. 

Mr. Mebane, from the committee on that subject, reported 
an ordinance for the payment of certain claims allowed by the 
Board of Claims, which passed the first reading. 

On his motion the rules were suspended, the ordinance read 
the second and third times, passed, and ordered to be enrolled. 

Mr. Battle, of Wake, introduced an ordinance requiring the 
Public Treasurer to redeem mutilated Treasury notes, which 
passed the several readings, under a suspension of the rules, 
and was ordered to be enrolled. 

Mr. Osborne offered a resolution to rescind the order for 
adjournment, and moved to suspend the rules so as to act on 
the same at this time. On this question the ayes and noes 
were ordered, on motion of Mr. Moseley, and resulted in the 
negative — two-thirds not voting in the affirmative — as follows : 

Ayes — Messrs. Allison, Battle of Edgecombe, Batcle of 
Wake, Berry, Bryson, Christian, Dick, Donnell, Eller, Foster 
of Randolph, Gilmer, Graham, Hamlin, Headen, Jones of 
Caldwell, Joyce, Long, Manning, Meares, Mebane, Miller, 
Mitchell, Osborne, Pettigrew, Phifer, Rhodes, Ruffin, Sanders, 
Shipp, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
Thomas of Carteret, Washington and Wilson — 36. 



98 JOURNAL OF THE [4th Session, 

Noes — Messrs. Bagley, Barnes, Batchelor, Bunting, Cald- 
well, Cannon, Cunningham, Dickson, Durham, Foster of Ashe, 
Gorrell, Green, Holden, Holmes, Houston, Leak of Anson, 
Lyon, Mann, McDowell of Burke, McDuffie, McNeill of Cum- 
berland, McNeill of Harnett, Michal, Moseley, Penland, Ray- 
ner, Schenck, Setzer, Smith of Halifax, Strange, Thornton, 
Williams and Woodfin — 32. 

On motion of Mr. Barnes, the Convention proceeded to the 
consideration of the ordinance to pay bounty to soldiers. 

Mr. Rayner moved to amend as follows : That the volunteers 
over thirty-five years of age, who have received the bounty of 
fifty dollars, may, at their option, avail themselves of the privi- 
lege offered by the conscription law of the Confederate Con- 
gress, and have their discharge, on condition that they return 
the fifty dollars bounty they have received ; and all those who 
are over thirty-five years old and have not received the fifty 
dollars bounty, may receive the same on condition that they 
agree that they will not avail themselves of the privilege 
allowed them by said conscript law ; and all of the two foregoing 
classes of volunteers, those who have received their bounty and 
shall not elect to return the same and continue in service, and 
those who not having received the bounty shall elect to receive the 
same on condition that they agree to remain in the service for 
three years or the war, shall be enrolled by the State authori- 
ties into a special corps, and placed under the command of Gen. 
James Martin, to be by him organized into companies, regi- 
ments, brigades and divisions, and when so organized, they 
shall be tendered to the President of the Confederate States, 
upon the condition and request that they be retained within the 
limits of this State, for the defense of the State, as a compo- 
nent part of the Confederate States, against invasion and 
inroads of the enemy. 

The amendment was not agreed to. 

Mr. Mitchell moved to amend by striking out all between the 
words "to," in the 16th line, to "1862," inclusive, which was 
not agreed to. 

The ordinance then passed the third reading and was ordered 
to be enrolled. 



1862.] STATE CONVENTION. 99 

Mr. Mitchell introduced a resolution authorizing the Gover- 
nor to tender certain troops to the Confederate States, and to 
make arrangements concerning the same, which passed its first 
reading. 

Mr. Rayner asked to be discharged from serving on the com- 
mittee of Finance, and the request was granted. Mr. Mebane 
was appointed in his place. 

Mr. Mitchell moved to suspend the rules so as to consider 
the resolution. just introduced by him, on which question the 
ayes and noes were ordered, on motion of Mr. Graham, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
Battle of Wake, Berry, Bogle, Bryson, Cannon, Christian, 
Cunningham, Donnell, Foster of Ashe, Gilmer, Gorrell, Gra- 
ham, Green, Hamlin, Headen, Holden, Jones of Caldwell 
Joyce, Leak of Anson, Long, Mann, Manning, McDuffie 
Meares,'Michal, Miller, Mitchell, Pettigrew, Phifer, Rayner, 
Rhodes, Ruffin, Shipp, Smith of Halifax, Speed, Starbuck 
Thomas of Carteret, Washington and Wilson- — 44. 

Noes — Messrs. Battle of Edgecombe, Bunting, Caldwell 
Dickson, Durham, Holmes, Lyon, McDowell of Madison, Mc- 
Neill of Cumberland, McNeill of Halifax, Moseley, Osborne 
Penland, Schenck, Setzer, Smith of Macon, Strange, Thornton 
Williams and Woodfin — 20. 

Mr. McDuffie moved to amend as follows : Provided that all 
volunteers who have not been transferred to the Confederate 
States, and who have not received their bounty, and refuse to 
take the same, or having received, shall elect to return it, and 
who are over thirty-five years of age, shall be discharged imme- 
diately; and the amendment was agreed to. 

On motion of Mr. Graham, the resolution was referred to the 
Military Committee. 

Mr. Battle, of Wake, moved to reconsider the vote by which 
the ordinance to pay certain claims allowed by the Board of 
Claims, was passed; and the motion prevailed. He then moved 
to amend by inserting two other claims more recently reported 
by the Board, which amendment was agreed to, and as thus 



100 JOURNAL OF THE [4th Session, 

amended, the ordinance passed the third reading and was ordered 
to be enrolled. 

Mr. Ruffin offered a resolution providing for the publication 
in the newspapers of the ordinances and resolutions of the Con- 
vention, which was agreed to, under a suspension of the rules. 

Mr. Speed introduced an ordinance to repeal certain ordi- 
nances amending the Constitution, but the hour for the intro- 
duction of ordinances having passed, objection was raised and 
the ordinance was withdrawn. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled, 

An ordinance directing the Public Treasurer to redeem muti- 
lated Treasury notes, and the same was duly ratified. 

Mr. Badger, by consent, offered a resolution in favor of the 
Doorkeepers, which was adopted, under a suspension of the rules. 

The orders of the day were now called for, when Mr. Battle, 
of Wake, moved to postpone the same in order to take up the 
ordinance to provide for the office of Lieutenant Governor, on 
which the ayes and noes were ordered, on motion of Mr. Gor- 
rell, and resulted in the affirmative, as follows: 

Ayes — Messrs. Badger, Bagley, Batchclor, Battle of Edge- 
combe, Battle of Wake, Bunting, Christian, Cunningham, Dick, 
Dickson, Donnell, Durham, Gilmer, Green, Holden, Holmes, 
Joyce, Lyon, McDowell of Burke, McDowell of Madison, Mc- 
Duffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
Michal, Miller, Moseley, Penland, Phifer, Rayner, Rhodes, 
Schenck, Setzer. Smith of Halifax, Strange, Thornton and 
Williams— 37. 

Noes — Messrs. Allison, Berry, Bogle, Bryson, Cannon, Eller, 
Foster 'of Ashe, Foster ot Randolph, Gorrell, Graham, Hamlin, 
Jones of Caldwell, Leak of Anson, Long, Mann, Manning, 
Mebane, Mitchell, Pettigrew, Ruffin, Sanders, Smith of Macon, 
Speed, Starbuck, Thomas of Carteret, and Wilson — 26. 

The ordinance was then read the third time. 

Mr. Battle, of Wake, then moved to amend as follows : When 
the Governor or Lieutenant Governor shall be on trial, the 
Chief Justice shall preside, which was agreed to. 



1862.] STATE CONVENTION. 10l 

Mr. Speed moved to amend by providing that before the 
ordinance shall take effect it shall be approved by the people 
at the ballot box. 

Mr. Barnes moved to amend the amendment by providing 
that the ordinance shall have effect only for the next election, 
unless approved by the people at ballot box ; which was not 
agreed to. 

The question was then on the amendment of Mr. Speed, on 
which the ayes and noes were ordered, and resulted in the 
affirmative, as follows : 

Ayes — Messrs. Barnes, Batchelor, Battle of Wake, Berry, 
Bogle, Bryson, Cannon, Christian, Dick, Donnell, Eller, Foster 
of Randolph, Gilmer, Gorrell, Graham, Headen, Kolden, 
Houston, Joyce, Leak of Anson, Long, Mann, Manning, Mc- 
Dowell of Madison, Mebane, Miller, Osborne, Sanders, Shipp, 
Smith of Macon, Speed, Starbuck, Thomas of Carteret, Wilson 
and Woodfin— 35. 

Ayes — Messrs. Allison, Badger, Bagley, Battle of Edge- 
combe, Bunting, Cunningham, Dickson, Durham, Edwards, 
Foster of Ashe, Green, Hamlin, Holmes, Jones of Caldwell, 
Lyon, McDowell of Burke, McDuffie, McNeill of Cumberland, 
McNeill of Harnett, Meares, Michal, Moseley, Penland, Petti- 
grew, Rhodes, Ruffin, Schenck, Setzer, Smith of Halifax, 
Strange, Thornton, Washington and Williams — 33. 

Mr. Badger moved that the ordinance lie on the table, 
on which the ayes and noes were ordered, on motion of Mr. 
Green, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Bagley, Battle of Edge- 
combe, Berry, Bunting, Cunningham, Dick, Durham, Edwards, 
Eller, Foster of Ashe, Gorrell, Graham, Green, Hamlin, Headen, 
Holmes, Houston, Leak of Anson, Long, Lyon, Manning, Mc- 
Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Mebane, Michal, Miller, 
Mithell, Osborne, Penland, Pettigrew, Phifer, Rhodes, Ruffin, 
Schenck, Setzer, Shipp, Smith of Macon, Speed, Thomas of 
Carteret, Thornton, Washington, Williams, Wilson and Wood- 
fin— 49. 



102 JOURNAL OF THE [4th Session, 

Noes — Messrs. Barnes, Batchelor, Battle of Wake, Bryson, 
Cannon, Christian, Dickson, Donnell, Foster of Randolph, Gil- 
mer, Holden, Jones of Caldwell, Joyce, Mann, Meares, Mose- 
ley, Sanders, Smith of Halifax, Starbuck and Strange — 20. 

By general consent, the rule requiring a recess at 6| o'clock, 
was rescinded for this day. 

Mr. Smith, of Macon, from the committee on Enrollments, 
reported as correctly enrolled, 

The resolution providing for the printing of the ordinances 
and resolutions of the Convention ; 

The ordinance for the payment of certain claims allowed by 
the Board of Claims ; and 

The ordinance to amend the ordinance relating to bounty, &c. ; 

And the same were severally ratified in due form. 

Mr. Wilson moved to take up the ordinance providing for 
the election of Justices of the Peace by the people, on which 
question the ayes and noes were ordered, at his request, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Berry, Bryson, Cannon, Christian, 
Cunningham, Dick, Durham, Eller, Foster of Randolph, Gil- 
mer, Gorrell, Graham, Hamlin, Holden, Joyce, Leak of Anson, 
Long, Lyon, Maiming, McDuffie, McNeill of Cumberland, Mc- 
Neill of Harnett, Meares, Mebane, Penland, Rhodes, Smith of 
Macon, Starbuck, Thomas of Carteret, and Wilson — 32. 

Noes — Messrs. Badger, Bagley, Batchelor, Battle of Wake, 
Bunting, Dickson, Edwards, Foster of Ashe, Headen, Jones of 
Caldwell, McDowell of Burke, McDowell of Madison, Michal, 
Mitchell, Moseley, Osborne, Pettigrew, Ruffin, Setzer, Smith 
of Halifax, Strange, Thornton and Woodfin — 28. 

The hour, arrived and the Convention took a recess until 4 
o'clock. 



4 O'clock, P. M. 
Mr. Starbuck asked and obtained leave to change his vote on 
the motion of Mr. Graham to strike out the proviso in the ordi- 



1862.] STATE CONVENTION. 108 

nance reported by Mr. Barnes, on the subject of bounty, &c, 

made on yesterday. 

Mr. McDuffie, from the committee on the Fayetteville and 
Florence railroad ordinance, reported a substitute for the same, 
end recommended its passage. 

The substitute was adopted, and the question being on the 
final passage of the ordinance, the ayes and noes were ordered, 
on motion of Mr. Batchelor, and resulted in the affirmative, as 
follows : 

Ayes — Messrs. Allison, Badger, Barnes, Berry, Bogle, Bry- 
son, Caldwell, Cannon, Christian, Durham, Eller, Foster of 
Randolph, Gilmer, Gorrell, Graham, Hamlin, Headen, Holden, 
Jones of Caldwell, Leak of Anson, Long, Lyon, Mann, Mc- 
Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
Cumberland, McNeill of Harnett, Meares, Mebane, Mitchell, 
Pettigrew, Ruffin, Smith of Halifax, Smith of Macon, Speed 
and Starbuck — 37. 

Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
Battle of Wake, Cunningham, Dickson, Donnell, Edwardg, 
Foster of Ashe, Green, Holmes, Houston, Moseley, Penland, 
Phifer, R-ayner, Rhodes, Sanders, Schenck, Setzer, Strange, 
Thornton, Washington and Williams — 24. 

The ordinance was therefore ordered to be enrolled. 

Mr. Gilmer, from the Committee on Finance, reported an 
ordinance to make further provision for the wants of the Treas- 
ury, which passed the first reading, and was read the second 
time, under a suspension of the rules. 

Mr. Starbuck moved to amend that part of the ordinance 
which relates to the issue of small notes, by striking out " ten 
thousand," and inserting "five thousand," which was not 
agreed to. 

Mr. Woodfin moved to amend by providing that ten thousand 
dollars in five cent notes, and the same amount in ten cent 
notes shall be issued, which was agreed to. 

Mr. Mitchell moved to amend by providing that of the issuer 
authorized, $800,000 shall be of 5s ; $700,000 of 10s; and 
$500,000 of 20s: which was agreed to, 
64 



104 JOURNAL OF THE [4th Sbssiok, 

The ordinance then passed the second and third readings, 
and was ordered to be enrolled. 

Mr. Strange moved to take up the ordinance reported by him 
to authorize the Governor to fix the prices of articles of primt 
necessity, on which the ayes and noes were ordered, on motion 
of Mr. Myers, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Bagley, Batchclor, Battle of Edge- 
combe, Berry, Bunting, Caldwell, Christian, Cunningham, Dick, 
Dickson, Durham, Edwards, Gilmer, Holmes, Joyce, Leak of 
Anson, Lyon, McDowell of Burke, McDowell of Madison, Mc- 
Duffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
Moseley, Osborne, Penland, Pettigrew, Rhodes, Schenck, 
Smith of Halifax, Smith of Macon, Speed, Strange, Thornton, 
Washington and Woodfin — 37. 

Noes — Messrs. Badger, Barnes, Battle of Wake, Bogle, 
Bryson, Cannon, Donnell, Eller, Foster of Ashe, Foster of 
Randolph, Gorrell, Graham, Green, Hamlin, Headen, Holdeh, 
Houston, Jones of Caldwell, Long, Mann, Mcbane, Mitchell, 
Phifer, Rayner, Ruffin, Sanders, Setzer, Starbuck and Thomas 
of Carteret— 29. 

Mr. Strange moved to strike out the 1st, 2nd, 3rd and 5th 
sections, and in lieu of the 5th to insert a section providing 
that the Governor shall seize, for the use of the State, all arti- 
cles bought in its name, and setting forth the mode of assessing 
the value thereof. 

Mr. Graham moved to lay the ordinance on the table, on 
which question the ayes and noes were ordered, on motion of Mr. 
Strange, and resulted in the affirmative, as follows : 

Ayes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
Battle of Wake, Berry, Bogle, Bryson, Cannon, Donnell, Eller, 
Foster of Ashe, Foster of Randolph, Gorrell, Graham, Green. 
Hamlin, Headen, Holden, Houston, Jones of Caldwell, Long. 
Mann, Mcbane, Mitchell, Phifer, Rayner, Rhodes, Sanders, 
Setzer, Smith of Macon, Starbuck and Thomas of Carteret— 35. 

Noes — Messrs. Bunting, Caldwell, Christian, Cunningham, 
Dickson, Durham, Edwards, Holmes, Joyce, Leak of Anton, 
Lyon, McDowell of Burke, McDowell of Madison, McDuffie, 



1862.] STATE CONVENTION. 105 

McNeill of Cumberland, McNeill of Harnett, Meares, Moseley, 
Osborne, Penland, Pettigrew, Ruffin, Schenck, Smith of Hali- 
fax, Speed, Strange, Thornton, Washington and Woodfin — 29. 

On motion of Mr. Donnell, the Convention took up the ordi- 
nance providing for the collection of Taxes in certain counties. 
The same passed the second and third readings, and was ordered 
to be enrolled. 

On motion of Mr. Rayner, the ordinance providing for the 
printing of the ordinances and resolutions of the Convention. 
was taken up. 

Mr. Woodfin moved to strike out that part which requires* 
the Secretary of State to advertise the same to the lowest bid- 
der, which was agreed to. The resolution then passed the sec- 
ond and third readings, and was ordered to be enrolled. 

Mr. Green moved to take up the ordinance allowing refugees 
to vote in elections for Governor, which was agreed to, and 
the ordinance passed the second and third readings, and was 
ordered to be enrolled. 

Mr. Starbuck moved to take up the ordinance allowing cor- 
porate towns and cities to tax slave property, and it was agreed to. 
The ordinance was read the second time. Mr. McNeill, of 
Cumberland, offered an amendment, pending the consideration 
of which, 

On motion of Mr. Badger, the ordinance was laid upon the 
table. 

Mr. Ruffin moved to take up the ordinance to exempt mem- 
bers of the Society of Friends from military service, on which 
the ayes and noes were ordered, on motion of Mr. Meares, and 
resulted in the affirmative, as follows : 

Ayes — Messrs. Badger, Baglcy, Barnes, Batchelor, Battle 
of Edgecombe, Battle of Wake, Berry, Bogle, Bunting, Can- 
non, Christian, Dick, Dickson, Donnell, Foster of Randolph, 
Gilmer, Gorrell, Graham, Hamlin. Headen, Houston, Long, 
Mann, McNeill of Harnett, Meares, Mebane, Osborne, Petti- 
grew, Rayner, Rhodes, Ruffin. Speed, Starbuck, Thomas of 
Carteret, Washington and Woodfin — 36. 



106 JOURNAL OF THE [4th Session, 

Noes — Messrs. Allison, Bryson, Caldwell, Cunningham, Dur- 
ham, Edwards, Eller, Foster of Ashe, Green, Jones of Cald- 
well, Joyce, Lyon, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeil] of Cumberland, Moseley, Penland, Sanders, 
Schenck, Setzer, Smith of Halifax, Smith of Macon, Strange 
and Thornton — 25. 

Mr. Schenck moved to adjourn, on which the ayes and noes 
were ordered, at his request, and resulted in the negative, as 
follows : 

Ayes — Messrs. Bunting, Caldwell, Cunningham, Edwards, 
Joyce, Lyon, McDowell of Burke, McDuffie, Penlancl, Sanders, 
Setzer, Smith of Halifax, Strange and Thornton — 14. 

Noes — Messrs. Allison, Badger, Bagley, Barnes, Batohelor, 
Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bryson, 
Cannon, Christian, Dick, Dickson, Donnell, Durham, Eller, 
Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
Green, Hamlin, Headen, Jones of Caldwell, Long, Mann, Mc- 
Neill of Harnett, Mebanc, Osborne, Pettigrew, Rhodes, ltunrn, 
Smith of Macon, Speed, Starbuck, Thomas of Carteret, Wash- 
ington and Woodfin — 40. 

Mr. Meares moved that it lie on the table, on which the 
ayes and noes were ordered, at his request, and resulted in the 
negative, as follows: 

Ayes — Messrs. Bryson, Bunting, Caldwell, Cunningham. 
Durham, Foster of Ashe, Joyce, Lyon, McDowell of Burke, 
McDowell of Madison, McDuffie, McNeill of Cumberland, 
Meares, Moseley, Sanders, Setzer, Strange and Thornton — -18. 

Noe.« — Messrs. Allison, Badger, Bagley, Barnes, Batchelor. 
Battle of Edgecombe, Battle of Wake, Bogle, Cannon, Chris- 
tian, Dick, Dickson, Donnell, Eller, Foster of Randolph, Gil- 
mer, Gorrell, Graham, Hamlin, Headen, Houston, Jones of 
Caldwell, Long, Mann, McNeill of Harnett, Mebanc, Osborne, 
Pettigrew, Phifer, Rayner, Rhodes, Ruffin, Smith of Macon, 
Speed, Starbuck, Thomas of Carteret, Washington and Wood- 
fin— 38. 

No quorum voting. 

Mr. Badger moved to adjourn, on which the ayes and noes 
were ordered, and resulted in the negative, as follows: * 



1862.] STATE CONVENTION. 10T 

Ayes — Messrs. Badger. Caldwell^ Cunningham, Durham. 
Edwards, Hamlin, McDowell of Burke, McDuffic, Meares, 
MoBcley, Phifer, Sanders, Setzer, Strange and Thornton — 15. 

Noes — Messrs. Allison, Ba'gley, Barnes, Batchelor, Battle 
of Edgecombe. Battle of Wake, Berry, Bogle, Bunting, Can- 
nou, Christian. Dick, Dickson, Donnell, Eller, Foster of Ran- 
dolph, Gilmer, Gorrell, Graham, Green, Ileaden, Houston, 
Jones of Caldwell. Joyce. Long, Mann, McDowell of Madison, 
McNeill of Cumberland, McNeill of Harnett, Mebane, Osborne, 
Pettigrew, Rhodes, Ruffin, Schenck, Smith of Halifax, Smith 
of Macon, Speed, Starbuck, Thomas of Carteret, Washington 
and Woodfin — 42. 

The ordinance under consideration then passed the third 
reading, and was ordered to be enrolled. 

The committee on Enrollments reported the following as cor- 
rectly enrolled, and the same were duly ratified: 

The ordinance to incorporate the Fayetteville and Florence 
Railroad Company ; 

The ordinance to provide for the collection of taxes; 

The ordinance to allow refugees to vote in the election of 
Governor; and 

The ordinance to provide for the publication and distribution 
of the ordinances and resolutions of the Convention. 

On motion of Mr. Woodfin, the ordinance to allow further 
time to make their returns was taken up, and the vote being 
taken, it was not agreed to. 

The committee on Enrollments reported as correctly enrolled, 

The ordinance exempting members of the Society of Friends 
from military service : 

And the same was duly ratified. 

Mr. Graham moved to take up the ordinance to provide for 
a Convention to amend the Constitution, on which the ayes and 
noes were ordered, on motion of Mr. Rsyner, and, not a quo- 
rum not voting, resulted in the negative, as follows : 

Ayes — Messrs. Allison, Berry, Bogle, Bryson, Christian. 
Dick, Eller, Foster of Ashe, Gilmer, Gorrell, Graham, Hamlin, 
Headen, Jones of Caldwell, Joyce, Long, Mebane, Mitchell, 



108 JOURNAL OF THE [4th Session, 

Osborne, Ruffin, Smith of Macon, Speed, Starbuck and Wood- 
fin— 24. 

Noes — Messrs. Bagley, Barnes, Batchelor, Battle of* Edge- 
combe, Battle of Wake, Bunting, Caldwell, Cannon, Cunning- 
ham, Dickson, Durham. Edwards, Foster of Randolph, Green, 
Holmes, Lyon, McDowell of Burke, McDowell of Madison, 
McDuffie, McNeill of Cumberland, McNeill of Harnett, Mose- 
ley, Pettigrew, Philer, Rayner, Rhodes, Schenck, Setzer, 
Smith of Halifax, Thornton and Washington — 31. 

Then, on motion of Mr. Lyon, the Convention adjourned. 



IN CONVENTION, Tuesday, May 13, 1862. 

The President called the Convention to order. 

The journal of yesterday was read and approved. 

Mr. Rayner moved to take up the ordinance declaring what 
ordinances of the Convention shall have permanent operation, 
and it was agreed to. 

The ordinance was then read the second time. 

Mr. McDuffie moved to ;unend as follows: Provided that so 
much of the ordinance relating to the electors of the Senate, 
as requires a residence in the district six months prior to the 
day of election, shall not have effect until ratified by a majority 
of the qualified voters of the State, and it was not agreed to. 

The ordinance then passed the second and third readings, 
and was ordered to be enrolled. 

Mr. Woodfin, from the Military Committee, reported back 
the resolution in relation to the conscript law, recommending 
that it do not pass. The report lies over under the rules. 

Mr. Barnes introduced the following resolution, which was 
unanimously adopted, (Mi'. Mebane in the chair.) 

" llesolt'nt, That the thanks of this Convention be and they 
are hereby tendered to the Honorable Weldon N. Edwards for 
the able, dignified and impartial manner in which he has pre- 
sided over its deliberations during the present session. '" 

Mr. Ilolden introduced the following, which passed unani- 
mously : 



3862.] STATE CONVENTION. 109 

"Mesolved, unanimously, by this Convention, That the thanks 
of the people of North Carolina are due and are hereby ten- 
dered to the ladies of the State for the contributions which 
they have made to the Confederate cause, and for the patriotic 
ardor which they have exhibited in behalf of the country in the 
prosecution of war." 

On motion of Mr. Rayner, the doors were closed and the 
Convention sat in secret session. 

After some time spent therein, the doors were again opened. 

Mr. Battle, of Wake, from the committee on Enrollments, 
reported as correctly enrolled. 

The ordinance declaring what ordinances of the Convention 
shall have permanent operation : 

And the same was duly ratified. 

Mr. Graham moved that the Convention do now adjourn, and 
the motion prevailed. 

The President then arose and in a short and affecting address 
thanked the Convention for the courtesy extended to him in 
the position to which they had called him, took leave of them as 
a body, and declared the Convention adjourned, according to 
its order, adopted some days since. 

WBLDON N. EDWARDS, 

President of the Convention. 
Walter L. Steele, Principal Secretary, 
L. C. Edwards, Assistant Secretary. 



[Note. — The time having expired within which, by its own 
order, the Convention should be re-assembled x and not having 
been called together according to the provisions of that order, 
it standi adjourned sine die. Secretary.] 



INDEX 

TO THE FIRST SESSION OF THE CONVENTION 



AYES AND NOES. 

Paue. 
On amendments* &c, to the Ordinance of Secession, 1 3,.. 14 

•' an amendment to the ordinance ratifying the Constitution of 

Provisional Government of the Confederate States, 17 

" laying- on the table a resolution in relation to the constitution- 
ality of the Stay Law, &c, 23 

" laying on the table an ordinance to repeal the 3rd section of the 

4th article of the Constitution, Arc, 30 

*' adjournments, 37, 45, 48, 50, 65, 60, 76, 77, 79, 113, 114, 140, 

141, 142, 143, 156, 158, 159, 160, 16] 

" laying on the table resolutions against conferring on members of 

the Convention offices or appointments in the gift of that body, 4H 

" postponing, amending, &c, ihe ordinance to ratifying the Con- 
stitution of Confederate States of America, 41, 44, 52, 69, 70, 71, 7-' 

" motions to go into secret session, 4h 

" motions and amendments in reference to the ordinance for the 

defence of the seaboard eounties, 53, 54 

" the passage of the same, its second reading, 55 

" resolutions concerning the daily sittings, taking a recess, limit- 
ing the speeches of members, &c, 61, 63, 05 

" the passage of the ordinance ratifying the Constitution of the 

Confederate States, 11 

" suspending the rules to consider a resolution declaring the right 

ot a State to secede whenever it may have cause, 75 

" laying on the table the ordinance for the defence of the seaboard 

counties, 78 

'• postponing and amending the same, 79. 80 

■ ; the passage of the ordinance its third rsading, 81 

'.* an amendment to the resolution relating to the election of Con- 
federate Congressmen, 84 

" a mo'ion to postpone the ordinances amending the 2nd section of 

th<* 4th article of amendments to the Constitution, 87 

•• motions and amendments concerning the ordinance relating to 

religious teste for office. '.J I, 92 

" the parage of the ordinance its second leading, -93 

65 



ii INDEX. 

Pagb. 

(On the resolution declaring the incompatibility of a seat in the Con- 
vention with a seat in Congress, its second reading, 96 
" laying on the table a resolution declaring tho opinion of the 
Convention in regard to the character of the Government of 
the Confederate States, r»7 
•' postponing and amending. A-c, the ordinance relating to the 

meeting of the General Assembly, 97, 109, 110, 111, 112, 118, 116 

•' the passage of the ordinance, its third reading, 117 

" reconsidering the vote by which the Convention passed the ordi- 
nance to provide for tho defense of the seaboard counties of the 
State, 108 

" the final passage of the ordinance. • 104 

" postponing special orders, 108, 136 

" motions concerning the election of Confederate Congressmen, 117, 118 
" laying on the table amotion to reconsider the ordinance relating 

to tho meeting of the'General Assembly, 137 

" the motion to reconsider. 188 

" an amendment to the ordinance, 139 

" the final passage of the ordinance, 139 

" amendments to tlw ordinance concerning taxation, revenue and 

the public debt. lf.2, 163, 164, 165, 166, 167, 168. 170, 171 

" postponing the ordinance, 169 

" the passage of the ordinance its third reading, 172 

" suspending the consideration of the ordinance to provide for the 

disposition of the, State troops and volunteers, 178 

•' sustaining the decision of the chair, 174 

" amending a resolution rescinding the order for adjournment. 17ft, 176 
" the passage of the resolution, 17"' 

" amendments to the ordinance relating to the disposition of the 

State troops and volunteers, 181, 18'i, 18f> 

" the passage of the ordinance its second reading, 188 

" postponing the ordinance providing for the suffrage of soldiers 

while on duty, 184, 18S 

" laying on the table a resolution relating to issuing bonds of the 
State to tho Wilmington, Charlotte and Rutherford Railroad 
Company, 187 

v< postponing the ordinance to provide ways and means for the State. 187 
" amendments to the ordinance. 188, 189 

" postponing the same, 190 

" laying on the table a motion to take up from the table an ordi- 
nance in relation to the property of citizens who have aban- 
doned and left the State, 1!>0 
" taking the ordinance from the table, 191 
" postponing the same, 191 



INDEX. in 

Page. 

ELECTIONS, *ff. 

Election of President, fi 

'• Principal Secretary, 7 

Assistant Secretary, 7 

Appointment of Principal and Assistant Doorkeepers, S 

ifote on the Ordinance of Secession, 15 

Election of Printer to the Convention, 24 

Delegate? to the Confederate Congress, IIP, 120, 121, 

122, 123, 124, 125, 126, 126, 127 
*• ©ommissioaeri of the Board of Claims, 129, 130, lol, 

132, 133, 134 



I N I) E X 

TO THE SECOND SESSION OF THE CONVENTION. 



Pack. 
AYES AND NOES. 

On suspending the rules, 7 
■• laving on the tabic a substitute for a resolution in relation to 

adjournment, 12 
•' resolutions of c nndeucu in the justice of our cause and in the 

patriotism and integrity of the administration, 23 
" laying on the table an ordinance to repeal the 14th chapter of 

acts of the General Assembly, passed at its* second extra session, 24 
■• amendments to the ordinance to suppress speculation, &c, 20, 29, 44, 74 

" laying the ordinance on the table, 35 
" motion^ concerning the daily sittings of the Convention, '48, 65 
" a motion to reconsider thu vote adopting an ordinance relating 

to Treasury notes, 41 

•' the passage of the ordinance in regard to the supply of salt, 49 
" striking out the second one ot the resolutions discountenancing 

party spirit during the war, 56 

•' a resolution concerning a recess, 57 
•• a resolution to send a Commissioner to Richmond to confer with 

the Confederate authorities in regard to the payment of the 

Confederate tux, 58 

" laying on the table an ordinance to define and punish sedition, 62 

" laying on the table the resolutions discountenancing party spirit, ti4 
•• postponing indefinitely the ordinance to define and punish sedition. tiS 

" a substitute for an ordinance to continue the Board of Claims, 71 

" the passage of the ordinance, . 72 
" postponing indefinitely the ordinance and amendments relation 

to speculation, 73 

•■ the passage of the ordinance. 75 
•• laying on the table thy ordinance regulating the drilling of thfr 

militia, 7« 
•• motions to postpone the ordinance chartering the Piedmont Kail- 
road Company, 79, #1 



ii INDEX. 

TAQrl. 

€>n adjournments, 80, 81, 85, 86 

" laying on the table a communication from th« Adjutant General, 82 
" laying on the table a motion to take up the ordinance to perfect 

an ordinance in relation to the wantc of the Treasury . 84 

ELECTIONS, Ac. 

El*ttivm of a Commissioner io superintend the manufacture of salt. 52 



INI)E X 



TO THE THIRD SESSION OF THE CONVENTION. 



AYES ANI> NOES. 



PAQ8. 



On referring io a select committee an ordinance to perfoct as ordi- 
nance to provide for the wants of the Treasury, 7 
the passage of the ordinance, 8 
postponing the ordinance to charter the Piedmont Railroad Com- 
pany, 9 
adjournment, 10, 87, 88 
postponing the ordinance relating to the Chatham Railroad 
Company, 12, 42 
the passage of the ordinance to repeal the 4th section of the 
Revenue Act, 16 
the passage of the ordinance relating to the act to incorporate 
the Chatham Railroad Company, its third reading, 1§ 
laying on the table a motion to take up the ordinance to charter 
the Piedmont Railroad Company, 26 
postponing indefinitely the ordinance in relation to the Stay Law, 29 
laying on the table a resolution in relation to the subjects to be 
considered by the Convention, S2 
the passage of the ordinance to incorporate the Washington and 
Tarboro' Railroad Company, its second roadihg, 17 
amending the ordinance to charter the Piedmont Railroad Com- 
pany, 38, 89 
suspending the rules to put the ordinance on its third reading, 48 
the final passage of the ordinance, 46 
the subject of taking a recess, adjournment, &e. f 47, 73, 74, 7» 
laying the resolution and amendment? on the table, 48 
referring to a select committee, ■ 48 
postponing the ordinance in relation to North Carolina's quota of 
Confederate troops, 61 
going into secret session, 52 
laying on the table a motion to suspend the rulrs t* eonsider reso- 
lutiofis relating to a rece*«, 55 
amending the ordinance to provide North Carolina's quota of 
Confederate troops, 61, 62, 6$ 



n INDEX. 

Paqk. 

On the passage of the ordinance to provide for the assumption and 

payment of the Confederate tax, its second reading, K~ 

" laying on the table a motion to take up the ordinance in relation 

to the Cheraw and Coalfields Railroad, 71 

" laying on the table the ordinance to provide for the office of ' 

Lieutenant Governor, 72 

" a motion to consider the ordinance reported by the Military Com- 
mittee in relation to North Carolina'* quota of troop*. 70 
" amendments to the ordinance, 77 
" printing a document accompanying the report of the Board of 

Claims, 7S 

il laying on the tabic an amendment to the rules of the Convention, 79 
" amendments to the ordinance in relation to the distillation of 

grain, 81, 83, 84, 85, 86, 80, 91), 91, 92, 93, 94 

" reconsidering the vote adopting an amendment proposed by Mi 1 . 

Badger, 86 

" the passage of the ordinance, its third reading. 95 

" adjournment, 87, 88, 107 

" the pasaagr) of an ordinance exempting persons over 45 from 

militia duty, 97 

" reconsidering the vote by which the ordinance to suppress the 

distillation of grain passed, 99 

" a motion to take up the ordinance to define and punish sedition, 100 
" an' amendment to the ordinance supplemental to the ordinance 

authorizing the issue of Treasury notes, 104 

" suspending the ru'es to put an ordinance to encourage the manu- 
facture of Cotton and Wool Cards, on its several readings, 106 
»' taking up the ordinance to exempt Quakers from military service, 106 
" amending a motion to rescind the order for adjournment, 107 
" laying the motion on the table, 108 
" amending an ordinance to raise troops for the defense, of the State, 109 
" amendments to the resolution rescinding the order for adjourn- 
ment, 109, 110 
" taking up the ordinance to raise troops for the defense of the 

State, 1 1 2 

" an amendment to an amendmen